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]
See also:
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