A Digest of Canadian Cases Relating to Railway, Telegraph, Telephone And Express Companies : Being a Digest of "canadian Railway Cases," Vols. 1-24, Together With Decisions of the Federal And Provincial Courts of Canada, the Judicial Committee of the Priv

Cover A Digest of Canadian Cases Relating to Railway, Telegraph, Telephone And Express Companies : Being a Digest of "canadian Railway Cases," Vols. 1-24, Together With Decisions of the Federal And Provincial Courts of Canada, the Judicial Committee of the Priv
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372 FARM CROSSmGS.
1 ) , that such user could never ripen into a title by prescription of the right- of-way nor entitle G. to a farm crossing on lot 34.
Can. Pac. Ry. Co. v. Guthrie, 1 Can. By. Cas. 9, 3J- Can. S.C.R. 1513.
[Distinguished in Grand Trunk Ey. Co. v. Valliear, 2 Can. Ey. Cas. 245, 1 O.W.R. 695 ; followed in Oatman v. Grand Trunk Ry. Co., 12 Can. Ry. Caa, 521, 2 O.W.N. 21, 16 O.W.R. 905; distinguished in Leslie v. Pere Mar- quette Ry. Co., 13 Can. Ey. Cas. 219, 24 O.L.R. 206.] Duty
... to providb — Reteoactivitt of statute.
Before the Railway Act of 1888 there was no statutable obligation upon a railway company to provide and maintain a farm crossing where the rail- way severed a farm, and s. 191 of that Act, providing that every company shall make crossings for persons across whose lands the railway is car- ried, is not retrospective. [V^zina v. The Queen (1889), 17 Can. S.C.R. 1, and Guay v. The Queen (1889), ib. 30, in effect overrule Canada Southern Ry. Co. V. Clouse (1886), 13 Can.


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