Is a person bound absolutely to maintain the attachments of an object that is suspended over a highway?
Saskatchewan, Canada
The following excerpt is from Assie v. Saskatchewan Telecommunications, 1978 CanLII 1811 (SK CA):
Hughes J. took an obiter comment from the judgment of Rowlatt J. in Noble v. Harrison, [1926] 2 K.B. 332 at 338 (D.C.), as the basis for his judgment. The comment reads: “It may be that where a heavy object is suspended over’ a highway, and must fall into it unless supported by artificial means which can only be kept in order by the person in possession of the premises, such person is bound absolutely to maintain the attachments.”
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