What is the test for maintaining a culvert in a fit condition?
Saskatchewan, Canada
The following excerpt is from Jackson v. Spector, 1951 CanLII 163 (SK QB):
In Booth v. Thomas [1926] Ch 397, 95 LJ Ch 160, it was held at trial and sustained, on appeal: “ * * * the omission to keep the culvert in a fit condition involved the omission of a duty to the adjoining landowner, and * * * it was the duty of the owner of this culvert, which, if neglected, might cause damage to the adjacent property of another, to prevent such damage by taking reasonable precautions.”
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