Judgment of the Court
- J.-The plaintiff (respondent) recovered a verdict against the city, in the Supreme Court of
Nova Scotia, for $32.25. The plaintiff's horse, in crossing defendant's street railway, stept on a grooved rail;
the caulk of his shoe caught in the groove and he was injured. The court in banc refused to disturb the verdict and from that judgment this appeal is taken. We are of opinion the appeal should be dismissed. The accident was occasioned by the defendant company placing on the street the grooved rail in question.
They had a right, under the facts proved in evidence and their charter, to place a grooved rail on the street but they were bound to see that the roadway on both sides of the rail should be kept level with it. They had a right to place a grooved rail on the street but only in such a way as not to protrude above the level of the street.
The rail in question protruded above that level. It was a street obstruction unauthorized by statute and therefore a nuisance. It was this obstruction that caused the damage and the company was properly found liable.
The appeal should be dismissed with costs.
Appeal dismissed with costs.