et al., is-qualitd
APPELLANTS; * (PLAINTIFFS)
................................
*May 21. AND
*Nov. THE ATL ANTIC & NORTH-WEST
RAILWAY CO. (DEFENDANTS)
RESPONDENTS. ON APPEAL FROM THE COURT OF QUEEN'S BENCH FOR LOWER CANADA (APPEAL SIDE).
In a case of an award in expropriation proceeding under the Railway Act, R.S.C. ch. 109, it was held by two courts that the arbitrators had acted in good faith and fairness in considering the value of the property before the railway passed through it, and its value after the railway had been constructed; and that the sum awarded was not so grossly and scandalously inadequate as to shock one's sense of justice.
On appeal to the Supreme Court of Canada:
Held,-tbat the judgment should not be interfered with.
APPEAL from a judgment of the Court of Queen's Bench for Lower Canada (appeal side) (1), at Montreal, confirming ajudgment of the Hon. Mr. Justice Wurtele, rendered the 22nd of June, 1889, dismissing the plaintiffs' action to set aside an award of arbitrators under the Railway Act (2).
The plaintiffs are the executors of the late William Moody, of C6te St. Antoine.
The railway company located their line across the property of his estate at C6te St. Antoine and gave the executors notice of expropriation in ordinary form in March, 1887, offering in compensation $3,701, and appointing Mr. Norman * :-Sir W.
(1) M.L.R. 6 Q.B. 385.
(2) M.L.R. 5 S.C. 136.
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