Canadian Railway and Transport Cases

Canadian Railway and Transport Cases Review

General Books publication date: 2009 Original publication date: 1904 Original Publisher: Canada Law Book Subjects: Transportation Railroad law Juvenile Nonfiction / Transportation / General Law / Corporate Transportation / General Transportation / Railroads / General Transportation / Railroads / History Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: Manitoba.] [king's Bench. Municipality Of Louise v. Canadian Pacific E. W. Co. (14 Man. L. R. 1.) Before KILLAM, C. J., BAIN And RICHARDS, JJ. County Courts -- Jurisdiction -- Title to Land Brought in Question -- Property in Sand and Gravel on highways -- Municipal Aot, R. S. M., oh. 100, sees. 615, 644 -- Costs when Action Fails for Wont of Jurisdiction. 1. A claim of a municipality for damages for the taking by a railway company of quantities of sand and gravel from alleged highways and allowances for roads in the municipality not in its actual possession or occupation, if disputed, raises a question of the title to a corporeal hereditament within the meaning of section 59 of The County Courts Act, R. S. M., ch. 33, and the jurisdiction of the County Court to adjudicate on such claim is ousted when such a question of title is bona fide raised, notwithstanding the provisions of sections 615 and 644 of The Municipal Act, R. S. M., ch. 100, giving the right of possession of such roads to the municipality and power to pass by-laws for preserving or selling timberr trees, stone or gravel on any of such roads. 2. Under the enactment substituted for section 315 of The County Courts Act by 59 Viet., ch. 3, sec. 2, an appeal to this Court lies from the decision of a County Court Judge on the question of jurisdiction as well as from all other decisions in actions i...