Crockett v. Town of Cambellton

Crockett v. Town of Cambellton

The statute authorizes a municipality to provide water for purposes including the working of a printing press, but where the municipality elects to furnish a particular service it need only continue it until the council, in the bona fide and reasonable exercise of its discretion for the public interest, decides to discontinue; on the evidence the verdict could not be sustained and a new trial was ordered.

Citation
(1911) 44 SCR 606
Parties
Appellant / Plaintiff: Charles S. O. Crockett; Respondent / Defendant: Town of Campbellton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 June 1911
Procedural Posture
Appeal to Supreme Court of Canada (municipal Law) / On Appeal From the Supreme Court of New Brunswick; Judgment on Appeal
Outcome
Appeal dismissed with costs; judgment of the Supreme Court of New Brunswick ordering a new trial affirmed.
Legal Topics
Water Supply, Statutory Authority, Discretion of Council, Municipal by Law, Contract for Services, Motive Power, Maladministration, Damages, Discrimination
Source Language
English
Municipal Law Contract Law Administrative Law Statutory Interpretation Tort (negligence) Water Supply Statutory Authority Discretion of Council +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Charles S. O. Crockett

Appellant / Plaintiff

Town of Campbellton

Respondent / Defendant

Procedural Posture

Appeal to Supreme Court of Canada (municipal Law) / On Appeal From the Supreme Court of New Brunswick; Judgment on Appeal

Legal Issues

  1. 1 Whether the municipal statute empowered the town to supply water for motive power (e.g. to run a printing press)
  2. 2 Whether a binding contract existed between the town and the plaintiff to supply water after the initial year
  3. 3 Whether the municipality had a legal duty to continue the service once it had begun

Ratio Decidendi

The statute authorizes a municipality to provide water for purposes including the working of a printing press, but where the municipality elects to furnish a particular service it need only continue it until the council, in the bona fide and reasonable exercise of its discretion for the public interest, decides to discontinue; on the evidence the verdict could not be sustained and a new trial was ordered.

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of New Brunswick ordering a new trial affirmed.

Orders

  • Appeal dismissed with costs
  • Order of the Supreme Court of New Brunswick (39 N.B. Rep. 573) ordering a new trial affirmed