Does a railway company have a common law obligation to exercise its rights as not unnecessarily injuring another person?
Saskatchewan, Canada
The following excerpt is from Schiffner v CPR, 1951 CanLII 219 (SK CA):
In Fleming v. C.P.R. (1892) 31 NBR 318, at 343, King, J. stated: “Obviously the railway is under the common law obligation to use or exercise its rights so as not unnecessarily to injure another except so far as they may be relieved of this obligation by the clear intention of the statute.”
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