The Ontario Law Reports: Cases Determined in the Court of Appeal and in the High Court of Justice for Ontario, 13. köide

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Canada Law Book Company, 1907
"Cases determined in the Supreme Court of Ontario (Appellate and High Court Divisions)" (varies)

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Page 421 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 575 - In the older cases of this sort, which I have had an opportunity of looking into, I have observed that the danger of life, limb, or health, is usually inserted as the ground upon which the court has proceeded to a separation. This doctrine has been repeatedly applied by the court in the cases that have been cited. The court has never been driven off this ground. It has been always jealous of the inconvenience of departing from it, and I have heard no one case cited, in which the court has granted...
Page 239 - It would be a narrow rule to hold that in this country, unless a river was capable of being navigated by steam or sail vessels, it could not be treated as a public highway.
Page 291 - Dentists register the name of a person or an entry, ascertain the facts of such case by a committee of their own body, not exceeding five in number, of whom the quorum shall be not less than three, and a Report of the Committee shall be conclusive as to the facts for the purpose of the exercise of the said powers by the General Council.
Page 492 - It seems, therefore, that the " enjoyment as of right" must mean an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission asked from time to time, on each occasion, or even on many occasions of using it, but an enjoyment had openly, notoriously, without particular leave at the time, by a person claiming to use it, without danger of being treated as a trespasser, as a matter of right, whether strictly legal, — by prescription and adverse user, or by deed conferring...
Page 477 - means any premises on which any manual labour is exercised by way of trade, or for purposes of gain, in or incidental to the...
Page 686 - ... sine qua non — it is, in very truth, the efficient, the proximate, the decisive cause of the incapacity, and therefore of the mischief. * * * Negligence of a defendant incapacitating him from taking due care to avoid the consequences of the plaintiff's negligence, may, in some cases, though anterior in point of time to the plaintiff's negligence, constitute 'ultimate...
Page 491 - ... claim may be defeated in any other way by which the same is now liable to be defeated...
Page 305 - I am of opinion that the appeal should be allowed and the plaintiff's action dismissed; but, under the circumstances, I do not think there should be any costs either here or in the Court below.
Page 239 - Pickering 344) , it is not every small creek in which a fishing skiff or gunning canoe can be made to float at high water which is deemed navigable, but, in order to give it the character of a navigable stream, it must be generally and commonly useful to some purpose of trade or agriculture.

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