Is there any case law in which a railway company was found to have been responsible for the loss of visibility to a motorist?
British Columbia, Canada
The following excerpt is from Ryan v. Victoria (City of), 1996 CanLII 3612 (BC CA):
This is illustrated by the judgments in Manuge v. Dominion Atlantic Ry. Co., 1972 CanLII 142 (SCC), [1973] S.C.R. 232 where the issue revolved around the limited visibility of oncoming rail traffic to a motorist utilizing a private crossing. The majority exculpated the railway company. Mr. Justice Spence, in dissent, laid particular emphasis on the prior complaints of the hazard to the railway company and to its aggravating failure to prevent the incremental reduction of visibility, already limited by the configuration of the line, caused by increasing the size of the parallel embankment and allowing unchecked the natural growth of bushes.
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