July 18, 1917 (12th Parliament, 7th Session)


Frank Broadstreet Carvell



I do not agree with my
hon. friend. If the animal is killed on the intersection of highway and railway _ the company is not liable, but if the animal strays from the highway on the railway right of way, unless the company have competent gates or cattleguards, the company is responsible. That is provided in the first part of section 387. Thus, even if you allowed your animals at large within half a mile of a railway, and they got across a defective cattleguard and were killed, you could still recover from the company. But if they were killed at the point of intersection they would have no business to be there and the company would not be liable.

Topic:   P520 COMMONS
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