McCord v. The Alberta and Great Waterways Railway Co.

of Alberta, Appellate Division reversing the judgment of Simmons J. at the trial and dismissing the appellant's (plaintiff's) action with costs.

The appellant claimed that the respondent, by its servants or agents, wrongfully dug or caused to be dug a drainage ditch from its right of way through certain lands and thereby wrongfully flooded the appellant's lands, causing him damages.

The respondent, amongst other defences, denies that it constructed the ditch.

The trial judge gave judgment in favour of the ,appellant for $480; but this judgment was reversed by the Appellate Division, Hyndman J. dissenting. On the appeal by the plaintiff to the. Supreme Court of Canada, the court, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, allowed the appeal with costs, Davies J. dissenting.