Daigle v. Edmundston (City), [1967] N.B. Law News No. 114 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 15, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 114 (CA)

Daigle v. Edmundston, [1967] N.B. Law News No. 114 (CA)

MLB Law News

Joseph D. Daigle (plaintiff) v. The City of Edmundston (defendant/appellant)

(Archives RS43/1967)

Indexed As: Daigle v. Edmundston (City)

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and Limerick, JJ.A.

June 15, 1967.

Summary:

Municipal Law - Appeal dismissed with costs from Judgment at Trial for plaintiff  respondent for $9,300.00 for injurious effects to 3 lots of land caused by an Engineer for the City of Edmundston who raised the level of the street, which made ingress and egress impossible for motor vehicles to the 3 lots. Judgment of trial court summarized in March 1, 1967 issue of N.B. Law News No. 67-34. Appeal Court stated that there was no evidence of any authority being enacted or granted by the City to raise the level of the street in front of the plaintiff respondent's residence and accordingly it was unlawful to raise the street level. Appeal court affirmed principles used by trial Judge in assessing damages.

Counsel:

P.E. Pelletier, Q.C., for the appellant;

F.Dodd Tweedie, Q.C., for the respondent.

This case was heard before Bridges, C.J.N.B., Ritchie and Limerick, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On June 15, 1967, Ritchie, J.A., delivered the following decision for the court.