What is the scope of an action brought by a property located close to the rail tracks?
British Columbia, Canada
The following excerpt is from Roberts v. Canadian Pacific Railway Company et al., 2006 BCSC 1649 (CanLII):
The action concerns coal dust that the plaintiff alleges escapes from the rail cars operated by the defendants, causing damage, annoyance, discomfort and loss of enjoyment to the property located in proximity to the rail tracks. The statement of claim alleges that coal dust escaping from the trains operated by the defendants constitutes a nuisance, that the defendants’ operation of the coal trains has been negligent, and that the operation of the coal trains has amounted to a breach of the principles of Rylands v. Fletcher. The relief claimed is damages and an injunction prohibiting the defendants from emitting unreasonable quantities of coal dust from their train cars. THE PROPOSED CLASS
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