Does the Chancellor of the Exchequer have any authority or authority to hold defendants liable for damages caused by a water main failure?
Ontario, Canada
The following excerpt is from Cornwall (Town) v. Derochie, 1894 CanLII 25 (ON CA):
I have referred to the cases cited by the learned Chancellor, and upon which he seems to base his judgment. One of these was Corbett v. City of Troy, 53 Hun. 228, which with great respect, submit is no authority for holding these defendants liable. The defendants there had permitted a hydrant, which it was their duty to repair, to get out of repair, and were properly, in my opinion, held liable for the consequences.
In Olson v. City of Worcester, 122 Mass. 536, the wording of the statute is somewhat different from ours; but even if what was held there to be a “defect” in the way is good law in the State of Massachusetts, it is directly opposed, as I shall presently shew, to the decisions in England.
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