|
|
During the summer of 1966, when the reservoir had been filled with water since 1965, representatives of defendant, the Corporation du Village des Eboulements, discovered large cracks in the concrete wall of the reservoir, and advised defendant Lajoie, and defendant J.M.G. Construction, of this fact. Further, these cracks allowed water to escape, and this had the effect of weakening the banks both internally and externally. Defendant Lajoie and defendant J.M.G. Construction objected, however, to work being done to remedy this defective condition, claiming that it was useless. The reservoir was filled again, and on August 8, 1966, Lajoie wrote to the Corporation du Village des Eboulements to inform it that the work had been completed. On November 16, 1966, when the reservoir was filled to capacity, the front wall of the dam gave way under hydrostatic pressure, and collapsed. The body of water so released swept towards the St. Lawrence, and reached the village of St-Joseph-de-la-Rive, where it hit the property of Charles-Edouard Tremblay—consisting of a large area of land and of a two-story building, with basement and outbuildings, which was the residence of the family of Charles-Edouard Tremblay—, a general store and a dwelling occupied by the family of Yvan Bouchard. Charles-Edouard Tremblay, his wife and their daughter Andrée were drowned in the St. Lawrence. Their son, Jean-Yves Tremblay, their only survivor, brought an action seeking to have defendants ordered jointly and severally to pay him the sum of $102,280.30, with interest since the date of service, and costs.
|
