Publisher's Synopsis
Excerpt from Judgments, Orders, Regulations, Rulings, Decisions, Appendix and Reports, 1926-1928
The contention of the Department of Northern Development of the Province of Ontario is that the province is senior to the railway, because in the grant by the province to the Manitoulin and Nmth Shore Railway Company, the prede cessor in title of the Algoma Eastern Railway Company, a reservation for roads and the right to lay out the same, as above quoted, was made, and being senior, it has the right to lay out the crossings at the expense of the railway company whose property or right of way is crossed.
On the other hand, the contention of the railway company is that it is actually senior to the highways, in the sense that the line Of railway was con structed and in Operation before these highway crossings were contemplated and, therefore, it should not be called upon to bear any expense in connection with the construction of the crossings.
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