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C-19 - Cities and Towns Act

Section 587
Disposition versions

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587. Every person who, by any excavation in or obstruction upon any street of the municipality, not authorized by law or the by-laws of the municipality, renders such street unsafe for travel, or who, by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to maintain proper guards or lights thereat, renders such street insufficient or unsafe for travel, shall be liable for any damage, not caused by the negligence of the injured party, to whomsoever resulting by reason of such obstruction or negligence; and no action shall be maintained against the municipality for such damage, unless such person be joined as defendant, if the municipality calls upon the plaintiff so to do, at the same time informing him of the name, residence and quality of such person.
R. S. 1964, c. 193, s. 624; 1999, c. 40, s. 51.
587. Every person who, by any excavation in or obstruction upon any street of the municipality, not authorized by law or the by-laws of the municipality, renders such street unsafe for travel, or who, by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to maintain proper guards or lights thereat, renders such street insufficient or unsafe for travel, shall be liable for all damages, not caused by the negligence of the party injured, to whomsoever resulting by reason of such obstruction or negligence; and no action shall be maintained against the municipality for such damages, unless such person be joined as defendant, if the municipality calls upon the plaintiff so to do, at the same time informing him of the name, residence and quality of such person.
R. S. 1964, c. 193, s. 624.
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