APPEAL and cross-appeal from the judgment of the Appellate Division of the Supreme Court of Alberta (1) which set aside in part the judgment of Tweedie J. (2). The action was for damages caused by the alleged flooding of plaintiffs' lands by water escaping from the defendant's irrigation canal. The material facts of the case are sufficiently stated in the judgments now reported. At the trial Tweedie J. awarded the plaintiffs $7,500 damages (2).
The Appellate Division set aside this judgment in part, and held the plaintiffs entitled to recover for injury caused up to the time of the trial, with the right to seek further relief for injuries as they occur, and assessed the injury up to the time of the trial at $300, with the option to either party to have a reference at risk of costs of the reference.
Under special leave granted by the Appellate Division, the defendant appealed to the Supreme Court of Canada from so much of the said judgment as declared that the plaintiffs were entitled to recover any sum against the defendant for injury sustained by them; and the plaintiffs cross-appealed, claiming that their damages should be assessed at the trial once and for all at $7,500 with costs, as fixed by the trial judge, and in the alternative that the damages be assessed up to the date of the judgment in this appeal and an injunction granted restraining defendant from committing further damages or injury to plaintiffs' lands.
W. S. Gray and J. J. Frawley for the appellant. ent.