Is there any cause of action of any action of railways?
Ontario, Canada
The following excerpt is from Brand Trunk Railway Co. of Canada and the Midland Railway Co. v. Sibad, 1891 CanLII 14 (ON CA):
Apart from any action of railways, if this excavation had been made by a municipality for narrowing the graded road, and they had left an unfenced drop of several feet, and a waggon, in consequence of the horses taking a sudden fright, had been overturned over this slope, a strong case might possibly be proved within the principles laid down in such cases as Toms v. Corporation of Whitby, 35 U.C.R. 195.
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