Brompton Pulp & Paper Co. v. Bureau

I-,- PAPER COMPANY

(DEFEND- APPELLANTS; ANTS)............................

AND

NARCISSE BUREAU

(PLAINTIFF) ... RESPONDENT. APPEAL FROM THE OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.

THE JUSTICE.-In the respondent's factum objection is taken to the jurisdiction of this court. The question in issue between the parties is with respect to the right of the appellants to build on their property a dam which backs up the water of a stream and floods the lands of the respondent. In the court below it was decided that the defendants, now appellants, had the right to erect the dam upon payment of such damages as might result, but the right to renew the demand, if the conditions were altered, was reserved to the respondent. The only question in issue in this court is as to the amount of the damages which are not within the appealable limit.

We are all of opinion that the court is not competent to hear this appeal.

As to costs, I think we must follow the rule laid down in Price Brothers &

Co. v. Tan guay(l).

The appeal should be quashed without costs as the objection was not taken by the respondent as provided by the Rules of Practice.

Appeal quashed without costs.

Brodie.