Tilmoth Pherrill
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Tilmoth Pherrill (1853 - 1910)

Tilmoth Pherrill
Born in Scarborough, Canada Westmap
Ancestors ancestors
Husband of — married 7 Jan 1880 in Scarborough, York, Ontario, Canadamap
Died at age 56 in York, Ontario, Canadamap
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Profile last modified | Created 3 Aug 2013
This page has been accessed 406 times.

Biography

Setting Legal Precedent For Snow Clearing
Pherrill v. Scarboro
This was an action brought by the plaintiff, Tilmoth Pherrill, against the municipality of the Township of Scarboro for damages sustained through the plaintiff having been upset from his sleigh on Feb. 18, 1901. The road west of the Halfway House was blocked with snow and a slide had formed at the bottom of the drift. When the sleigh struck it, it slewed over with such rapidity that the plaintiff had no warning of what was going to happen. The Township Council defended the action, on the ground that they were not bound to shovel the road out or look after dangerous spots like this caused by snowdrifts. Ever since the toll gates have been taken off, the Councillors have treated the Kingston Road as if the road was in a backwoods township and treated the ratepayers and residents as if they had no right to drive out from their houses during the winter months.
The case came on for trial before His Honor Judge Morgan and he held that the Township of Scarboro was liable. The Township appealed to the Divisional Court. They dismissed the appeal with costs and sustained the judgement of His Honor Judge Morgan, allowing the plaintiff $150.00 and costs of the action.
This settles the law that municipal councillors have certain duties to perform to endeavour to keep a highway such as the Kingston Road open, and in a state so that any person may drive over it with a reasonable degree of safety. G. F. Shepley, K. C., and J. Baird, for plaintiff and W. Proudfoot and W. H. Grant for defendant.[1]

Death
Tilmoth died of cirrhosis of the liver in January 1910..[2]

Sources

  1. Newsclipping in the Fanny Annis Pherrill Scrapbook from The Scarboro Heights Record V11 #2; Reproduced courtesy of "James McCowan Memorial Social History Society".
  2. Ontario, Canada, Deaths 1869-1938, York 1910, pg. 1053 of 1490.

See also:

  • 1861 Census of Canada, Library and Archives Canada; Ottawa, Ontario, Canada; Census Returns For 1861; Roll: C-1089-1090, Page: 10; Line: 21.
  • 1871 Census of Canada, Ontario, York East, Scarborough, pg. 16 of 146.
  • Ontario, Canada, Marriages 1801-1928, York 1880, pg. 19 of 483.
  • 1901 Census of Canada, Ontario, York East, Markham, pg. 123 of 145.
  • Ontario, Canada, Deaths 1869-1938, York 1910, pg. 1053 of 1490.

Acknowledgments

Thanks to Dave Rutherford for starting this profile. Click the Changes tab for the details of contributions by Dave and others.





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DNA Connections
It may be possible to confirm family relationships with Tilmoth by comparing test results with other carriers of his Y-chromosome or his mother's mitochondrial DNA. However, there are no known yDNA or mtDNA test-takers in his direct paternal or maternal line. It is likely that these autosomal DNA test-takers will share some percentage of DNA with Tilmoth:

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Images: 1
The Halfway House
The Halfway House



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