A Digest of Canadian Cases Relating to Railway Telegraph Telephone And Express
A Digest of Canadian Cases Relating to Railway Telegraph Telephone And Express
A H Arthur Henry Obrien
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O. 1914, c. 192, s. 432. Without such evidence the proposed highway is junior to the railway and under the senior and junior rule the whole of the expenditure required will be placed on the applicant. [Gooderham v. Toronto, 25 Can. S. C. R. 246, distinguished. ] Hamilton v. Hamilton Radial Elec. Ry. Co. , 22 Can. Ry. Cas. 438. DEDICATION ACCEPTANCE DEVISE RIGHT-OF-WAY SENIOR AND JUNIOR RULE. A will devising a right-of-way to a certain class of individuals does not make a right-of-way, where it ...crosses a railway, a highway crossing: there being no evidence of the acceptance of a highway at that point by the municipality nor recognition of its existence by the railway company: the railway is senior to the highway at the point of crossing. [Weston v. Can. Pac. And Grand Trunk Ry. Cos. (Denison Avenue Crossing Case), 7 Can. Ry. Cas. 79; St. Pierre v. Grand Trunk Ry. Co. (Simplex Avenue Cross- ing Case), 13 Can. Ry. Cas. 1; Montreal v/Can. Pac. Ry. Co. , 18 Can. Ry. Cas. 50, followed. ] Grand Trunk Ry.
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