HomeMy WebLinkAboutThe Exeter Times-Advocate, 1957-11-14, Page 210
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Tfaplti From
Zinn
ly MIS$ :JR.hIR l 'IKIIMAN.
Perms" l Remi •
Mr. and Mrs. Lorne Johns
and chi.tdren, visited :Sunday eve-
ning with Mr", and Mrs..Jae1s
Hern.
• Mr. and. •Mrs. Clifton .Jaques
and •children were :Sunday visit-
ors with 111r, and Mrs. Wesley
.Jaques,. Exeter.
Mr. and. Mfrs. Tom Dickinson,
Denfield, were Sunday visitors
with Mr. and Mrs. Warren
Brock.
Mr. and Mrs. Tom Brock
spent 'Wednesday at .the Boyar
Winter Fair,. Toronto.
Mrs, Haroad; Bern spent the
weekend in ,tai'vis with Mr. and
Mrs. Bob Bern. Mrs, Bob Hern
and Linda are spending this
week with Mr. and Mrs, ,Harold.
°a Hern and Mr. and Mrs, Selves,
while Bob• is attending 'the Royal
Winter' Fair, Toronto.
Mr.. Wellington Brock spent
4' Sunday in Yale, Mich,
Mr. and Mrs. Gerald }tern
have been visiting with Mrs.
Melville Hern, who underwent
an operation On Friday at S.
Joseph's Hospital, 'London.
Mr. Ross Hern and Mr. and
Mrs. Ephiiam Hern visited Tues-
day evening with Mr. 'and Mrs,
Bob Kinsman, Kippen.
Doris, Doreen and' Margaret
Brock visited Sunday with Mr.
and M"rs,. Bert Mtirgao, •,of St,
Marys, Doris and Doreen sang
a duet at the' St, Marys Baptist
Church,
Sunshine •Miisiora 'band
• Zion West Mission Band held
their November meeting A1onday
at 4 pan, Mrs. Tom Bern was in
charge .ofithe worship Service.
and . Mrs. Ken Bern took the
study boob ,on. Japan. ,The pro-
graniwas in charge .of •Miarvis
Towle sand '.Nellie Bifftra, An
'election of .officers was held, and
;c president for • .1958 is Helen
Bern; • vice -president, Vernon
Ifern'-secretary, Barbara Bern;
treasurer., Mrs, Tont Hern; mite.
`boxes, Billie Brook; cards and
boxes, Parti Baker;' pianists,
Shirley Jaques and. B a r b a r
Herm
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Report Frim brand Bend
icy MRS. 1, KNOWN
r
:lilts, Wilma s'
ma Ae sardine, and
sons llforley and Stanley :spent
the weekend of Remembrance
Day visiting ,friends at Lions
Bead,
M7r, and Mrs. Dennis Blear
and fancily of London spent the
weekend with Mr. Flcax s. par-
ents, Mr. and Mrs. Roy Thar,
Rev. C. Semple el Egntond-
ville was guest speaker at the
evening service in :the United
Church on Sunday, and :gave an
inspiring :address on the spirit-
ual life of'ehaireh :members, and
how' it needs to be revived. Miss
jean Kennedy rendered. a solo.
The. cookie sale held. on Sat-
urday by the W.A. of St. John's -
by -the -Lake Anglican Church
proved to be a great success.
- The W.A. of the United ..Church
report a success of their an-
' nual turkey dinner, held in the
church basement on 1''riday eve-
fling, friends . attending from
!Parkhill; London, Dashwood,
!Exeter and Greenway.
Mr,. .and Mrs. C. ;:Roberts of
I London spent the weekend at
their cottage in town, and also
visited with their son, Kenneth,
Mrs. Roberts and family. •
Mr, and Mrs, Philip Presant
and Mrs, E. Smith attended the
wedding of a niece at Sault Ste.
! Marie last week,
Mr, Alec Love, who visited
with his parents in town last
week, had to undergo an opera-
tion for appendicitis in St. Jos-
eph's Hospital, Toronto, just two
day's after starting hack to work.
This was Mr. Love's second op-
eration in three weeks.
The nomination meeting for
the election of Reeve, council-
fors, school board trustees and
for. the year 1958 will be held in
the town hall on Monday eve-
ning, November 25, at 8 p.m.
The election, if necessary, will
be held .on Monday,. Dec, 2;
Mr. and Mrs. Jim MeCreight
are in charge of the ` bowling
alleys wind -lunch counter in Hur-
on Beach Inn for the present
season.
Mrs. H. Phi.le, Mrs. A. Hamil-
ton and 'Mrs. E. iles3ardins at-
tendedhe district meeting of
t g
EARLY AMERICAN OLD SPICE
"Faveriles"-- Toilet Water, Dusting;
Powder 3.50
DESERT FLOWER -
Toilet Woter,,Ndnd and Body Lotion
3.50
NEWT'
ESCAPADE
Spray Cologne
as 3,00
also available in
Desert Flower
FRIENDSHIP'S GARDEN
"Charmer" — Toilet Water, Bath
Solt:, Talcum, body Sachet 1.50
OLD SPICE FOR MEN
Body Talcum and After Shove Lotion
2,60
`.w��s.,t.nrmmmnlnminmmmama7a. ��
Huntley's
DRUG STORE
Phone 50 Exeter
the Wonnen"s Institute at Londes
born en Tuesday.
Mr.. and 14r$. H. Wainwright
spent last week visjting•with rel
;fives. in Detroit, returningborne
on Sunday.
Sunday visitors With Mr. and
111.rs. Wxn, Sweit•er' 11?ere Mtr,
and Mrs. Donald Barr and Miss
Judith Ann of Sarnia and a
niece, Mrs, Louise Moore• of 4110-
ionto, also Mr. and Mrs. Sam.
SWeitzer and son,. Brian, rof Exe•
-
ter.
Mr. and Mrs. H. Devine visit-
ed with their son. and daughter -
Mr. • and Mrs, Ervin 1)c-
v14e and family of Dashwood,.
Mr; and Mrs. P. A. Presant
spent Friday with Mr, and Mrs.
Cecil Harrison at Mount Please
ant,
Little Sandra Desjardine has
now sufficiently recovered to be
able to return to school after
her recent serious illness,
Mrs, Wm, Sturdevant, Sr.,
who has been visiting in the
United States for the past two
weeks, returned on Monday and
ia new making her home with
her son and daughter-in-law,
Mr, and Mrs.. Wm, .Sturdevant
in town.
Mrs, Ida Eccleston left on
Monday, and after spending a
few days in London, left on
Wednesday for California,
Mr.,. and Mrs. Thos. Baird visit-
ed with Mr. and Mrs. Sid Mor-
rison at Atwood on. Saturday.-
Mrs.
aturday. Mrs. Jack Farquhar of Water-
loo spent last week visiting with
Miss Doris and Mrs, Mary Ra.
velle.
Mr, and Mrs. Norman. Turn-
bull visited with their son and
daughter-in-law, .Mr, and Mrs.
Rufus Turnbull 'and Miss Donna
on the Blue Water Highway on
Sunday: •
Mr. and Mrs. Roy Scott of
Sarnia spent'. the +weekend with
Mrs, Scott's mother, Mrs. Wm.
Patterson.
Mr. and Mrs. Kenneth Flear
of, London spent the weekend
visiting their parents, Mr. and
Mrs. R. Flear and Mr, and Mrs,
E, Finan.
Mr.. and Mrs. Melvin Lightfoot
of St. Marys, Mr: and Mrs. Gor-
don Ulens and Mr. and Mrs.
Hugh Adair, of London visited
with Mr. and Mrs. W. J. Holt
on Sunday
Mr. ' and Mrs. Thos. Baird
visited Mr. Baird's mother in
the Dearness Home, London, on
Sunday.
Mr. and Mrs,• Allan Johns of
Thames Road- visited with Mr.
and Mrs. P, Presan4 on Sunday.
Mr. and Mrs. Norman Mathers.
and Carol Ann and nieces Judy
and Debbie Weingarden of Park-
hill were visitors with Mr, and
Mrs. E. Keo 'n on Saturday.
Mr, and«Mrs. Roy Paske are
visiting this week, in • Detroit.
in-law,.,
John` Chambers
Dies In Clinton
John Edward Chambers, it na-
tive of Crediton and the only
surviving member of his family
died in Clinton on Saturday, No-
vember 16 in his 89th year.
He spent some time in the
West as a.young man and, also;
after hismarriage to Elm' Hill
of Crediton, they farmedfor a
time in the West. Previous to
retiring to Exeter Mr. and Mrs.
Chambers farmed near' Credi-
ton. • r
Surviving' besides his wife are
Calvert F. .of Dorchester; Mrs.
Anton Anderson (Nona). of Ma-
rine City, Mich.; Mrs. Douglas
Thomson (Grace) of r Sarnia;
William of Clinton.
The body rested at the Hop-
per -Hockey funeral home, Exe.
ter, until Monday when funeral
service was conducted by Rev.
N. D. Knox,
Interment was in Exeter ceme-
tery.
•
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hy Buy A New Car?
You %tail get a '55 or '56 from LOU BAILEY for nearly half
the.ptice and still get a •new car guarantee!
'34 tpbNT'IAC"'4 DOOR HARDTOP
V-$ ;, utoratic,
'3' MSTEOR HARDTOP
' Everything including the kitchen sink
at. no extra „cost,
'53 PONYIAC COACH
Buythe thingwe're sick of it.
'32 CHEV COACH
Spotless. • • '
'30 FORD. ;COACH
• Cleanest brie in c .ptivity.
'56 CHEV 2 -DOOR HARDTOP
A little sassy Chev.
'54 PONTIAC LAURENTIAN
2 -door, low mileage, spotless, the
owner's' first love,
'53 FORD COACH
Completely Recondition ed — Bilis to
prove it.
'31 PONTIAC SEDAN
W`e.still got this animal—Who's going
to buy it?
WHY SHOVEL SNOW?
Ws have a 'sap with a anew Mails
That will claim : your Ianawey
minutes. Why •shovel when you 'ten
have it cleared far $1,00?
IF IT'S A CAR YOU WANT TO tiUY
GIVE LOU RAILEY A TIM
'Phone 439
Como* About
Woodham
Ry .MRS. ARTHUR RUNDL.i
Per rl l
Items.. .
Mr. and .Mfrs. Ted Brine, Base
Line, Mr. and Mrs. George Levy,.
Thames. Road, were :Saturday
evening visitors with jr.. and
Mrs. Glen Copeland.
A number from Woodham at-
tended the funeral of the late
Mrs, Frank Parkinson nn Tues-
Clay from the Ross. Marriott
funeral home in St, Marys.
Mrs. Loyd Jacques attended
a • get-together of the Karkton
old girls on. Saturday evening at
the Bonne of Mrs. ristane) Al
Eyelash, Kirkton.',(Ch
Rev. R. ,C, !Copeland,' I;andorl.
was Peat speaker at the United
Church on Sunday .morning in
the interests .of the Ontario
Temperance Federation.
Mr,
Sr.Andr w. Blommaert and
daughter, Miss Louise ,:Blom-
maert and Miss Norma. Kellar of
Exeter were Sunday visitors
with the :Cornier s son, fur. Joe
131 o m m a e r t and Mrs, Blom-
niaert. and family..
Mr, and Mrs. Jack Stephens
and Donald of Ilderton were
Sunday afternoon guests of Air.
and Mrs, John Tipping and
fancily.
Mr. and Mrs. ',Archie Chatten
of London were Sunday visitors
with his mother, Mrs, U. Chat -
ten,
Mrs. Cecil Camm has return-
ed home after spending two
weeks at the home of her daugh-
ter, Mrs. Morris Hern, of Zion,
while Mrs. Hern was a patient
in St, Joseph's Hospital, . London.
Mrs. vie Chatten was a, visitor
with her mother, Mrs. 'W. Shier,
Granton, on Sunday.
Me and Mrs. John Rodd
moved into' their new home on.
Main Street on Saturday.
Mr. and Mrs, Les Zinn and
Mrs. Kenneth Pollock visited
with Mrs. W. L. Switzer on
Saturday on their way home
fromFloridao Fl •
after two weeks
holidaying in the south.
111r. and Mrs, Lloyd Smith
were weekend visitors in Sarnia
with their aunt and uncle; Mr.
and Mrs. Garnet Johns. It was
Mr, and Mrs. Johns' twenty-
fifth wedding anniversary:
Little .Miss Linda and Jane
Tomlinson were Sunday visitors
with Mrs. H. Chatten'and Susan
was a visitor- with Doris Mills.
Dianne and Douglas Smith
were weekend visitors with their
grandparents, Mr. and Mrs,
Clayton Smith at Plugtown.
W.A. Elects Officers ' -
A meeting of the Women's
Association of . Woodham Church
was held on Monday evening.
The president, Mrs. I. McCurdy,
was in the chair.
Rev. J. Slade had charge of
the election of officers, presi-
dent is Mrs. Jim Miller; vice-
president, Mrs; . George Wilson;
secretary -treasure r, Miss Jean
Copeland; pianist,. Miss lean
Copeland,
Mr,' and Mrs. Frank Levy,
Rachel, Hilda and Helen, Trans-
vaal; Mr. and Mrs. Wray Sweit-
zer; and Barbara, of Shiplca,
were Sunday • visitors with Mr.
and Mrs. Jack Smith and Mr.
and Mrs. Bill Rundle.
Mr, and Mrs. John Tomlinson
were in Toronto on Sunday visit-
ing relatives.
Miss Barbara' Robinson, Lon-
don, was a Saturday visitor with
Mr. and. Mrs. John Tomlinson.
Mr. and Mrs. Lawrence Cope-.
land visited with Mr. and Mrs,
Reg Harris at Brown's Corners
on Sunday.
Mr. and Mrs, Walter Levy,
David and Margaret Rose were
among the guests at the thirtieth
wedding anniversary of Mr.
Levy's brother, Mr. Archie Levy
and' Mrs. Levy on Tuesday eve-
ning when a number of relatives
gathered and surprised Mr. and
Mrs. Levy 'on their return home
in the evening,
Misses Marie Levy and Grace
Doupe of the Teachers College,
Stratford, are in Guelph this
week practice teaching.
. Mrs. C. B. Hanno of Seaforth
is staying for a week with her
niece, Mrs.. Harry 'Webber and
Harry'.
F.iocd Ciarr�s Fail
.Continued From Page 1
The Canada Go.mp.aiiy end
others, not satisfied brought an
other .complaint to the drainage
court and in 1927, the Ausabe
river from Grand Bend,to a
point when the river is crossed
by 'the tri -county bridge was
deepened• ►
The owners complained that
this did not reach .the former
work and in 'i929 McGillivray
was ordered to. proceed with
'construction up to the Devil's
Elbow and then. acting upon.
the suggestion of the engineer,
McCubbin, continued in the Mud
Creek a •distance of .5,900 feet
above .the Devil's Elbow,
The flooding for which Dr.
llagmeier claimed, damages oc-
curred in the years 1944, '45,
47, 48, '53 .and S4.
Representing the'defendants
in the action were: E. C. Liver-
more, of London, McGillivray;
Ralph. Steele, Chatham, Bosan-
quet; Elmer D. Bell, ;QC, Exeter,
Stephen, Hay, Parkhill, Bast
and West Willia}ns,
Part of the board's written
decision follows:
The plaintiff's claim is three-
fold. Be first claims damages
for the failure of the defendants.
to ' 'bring the waters of the
ptseebe and Mud Creek systems
proper outlet,
Next he claims damages re-
sulting from the non -repair of
the works constructed by the de-
fendant 'McGillivray, and final-
ly he claims mandatory orders
to compel the providing of a
proper outlet and to repair the
existing claim.
lam,
As to the first of these claims,
based upon the allegation that
the defendant McGillivray had
failed to provide a proper out-
let, the plaintiff appears to have
been proceeding upon the as-
sumption that the defendant in
correcting drains, was required.
to provide an outlet not only for
the waters artificially brought
down by such drains but also
for the waters which flowed
naturally upon the plaintiff's
land, -
No evidence whatsoever was
led by the plaintiff to establish
to the satisfaction of the Board
that the outlet to carry the
waters artificially brought down
was insufficient. The whole of
the evidence of his engineer
Janet dealt only with all the waters
flowing through the drains and
water courses.
Also the plaintiff appears to
have assumed that in the sante
way the orders of the referee
which have been previously re-
ferred to, applied also to all
the waters brought down, both
artificially, and by natural means.
This assumption appears to be
quite unwarranted upon the var-
ious decisions of both the refer-
ee and the courts, which .are
conveniently collected in the ref-
erence work "The Drainage
Acts", written by. Frank B.
Proctor.
By a ' curious coincidence one
of the leading . cases upon this
subject involves two of the de.
fendants in this action.
In the case of the township of
Stephen versus township of Me-
Gillivray, 1891, it is stated in re-
lation to waters brought down
naturally as follows: "Waters so
brought down are not, I submit,
waters caused to flow upon and
injure the lower lands of mun-
icipalities, companies or individ-
• uals within the meaning of the
section."
The result of allthe cases
appears to be that the obligation
of a municipality constructing
drains is to provide sufficient
capacity to contain the artificial
waters brought down together
with the natural waters it had
always theretofore carried and
thereby leave the land in no
woirse condition than they were
before the artificial work was,
Obligation, appears quite clearly
from; the evidence' of the eers called on behalf of the de-
fendants, who testified that the
drains are designed, and partic-
ularly the drain designed by
Mr.. McCubbili, who .was, at that
time admittedly one of the out-
standing, if not the outstanding
drainage engineer m the province
which provided one-third of the
total capacity for the waters
artificially brought . down, and
that this, having regard to the
topography of the lands, the
area drained and the gradient
involved, was more than ample.
It is inconceivable to the
board that three capable re-
pected ,engin.eers would all test-
ify to this proposition if it in-
deed was not correct. On the
other hand, the board must con-
sider that the plaintiff called
no evidence whatsoever in re-
spect of this aspect of the ques-
tion, and considered only appar-
ently ' whether or not all the
waters, both those artificially
breught down and'those flowing
naturally, could be drained from
the lands. •
Accordingly, the Board finds
that the defendants have provid-
ed a sufficient outlet for the
works in question and that the
plaintiff's' claims in this respect '
fails,
The next basis o% the plain•
tiff's Claims was the lion -repair
of the McCubbin dram froim
some point ;above the Devil's
Elbow to B. 'point variously de-!
scribed as being front 1,000 feet ?
to $,boo feet below the Devil's'
Elbow. This 'portion of the drain
is admittedly in a state of dis-
repair, and this was confirmed
by the board's view, The only
question, therefore, is whether
or not the plaintiff's damages
can be relate1 to the non -repair.
The evidence in this respect
was stirnewhat eontradietory.
The engineer called on behalf of'
the plaintiff testified that 'had.
the drains been In proper state.
of repair the major floods would
have been minor' floods, and thel
nninor floods would have be.. ,
tome negligible. Ili giving his
evidence this witness spat/ital.
ly adopted the definition of the
waters flowing in the drains to
leave, flit channel at the point;
where the obstrutttion existed,
and divert thein for settle 200
or 300 feet outside the channel,
alter which they would seek and
return to the dhannel below."the;'
obstruction, at which point there
Was ample '4+aplofty to''carry the
r
e
Pupil Posters
Stress, Books
Stress,
Pupils of Grades 4 to 8 of the
Exeter Public School participat-
ed in a poster contest to an-
nounce Young Canada Book
Week being observed across
Canada this week.
Grade 8 winner was Judy
Snelgrove with honorable men-
tion to Bonnie Hogarth and Mari
lyn Frayne; grade 7 winner was
Sandra Jory; grade 6, Daniel
Lenaghan; grade 5 room If, Don-
nie Lenaghan; rooni 5, Nancy
McTavish; roont 9, Sheila Fah-
ner'. grade 4 room, 12, Margaret
Snelgrove.; grade 4 room 10,
David Robinson.
Librarian Mrs. Hilton Laing,
Mrs. John Schroeder and Mrs.
M. H. Mode were the judges.
During the week grade 4 and
lower grades with their teacher
will visit the book display in the
library basement, Today (Thurs-
day) the mothers of the kinder-
garten pupils Will be entertain-
ed• at the library at the same
time the morning arid afternoon
classes are present and twill
accompany the pupils home.
London' Minister
At Anniversary
Rev, Elgin. Turnbull of Cal,
vary united Church, London,
was the guest speaker at the an-
niversary services in. James St.
Church .on Sunday, The church
\vas well filled for the morning
Service. Mrs. John Gotnan as-
sisted the choir and sang. two
numbers. Mr. Gordon Koch at
the piano assisted the choir
leader, L. Wein at the organ.
A junior choir led the sing-
ing at the evening service., Mr.
G. Myers played two selections
on, the flute..
done.
That the defendants met this
engin-
Plaintiff ia, regards to "major,,.
and "nunor" .floods; drat is,
that .a minor flood was one
covering approxu ately 2,000'
acres and the :Manor flood was.
.one covering ,p to 5,000 acres.
Qn the other hand, the wit-
' ness for ,the defendant gave-.,evi•
deuce that the effect of the mon-
repair would be to cause tire.
waters for which the defendants:
were obliged to. prvide,
All the defendant's .engineers
testified that any floods :such as
were described .by the plaintiff,
and for whieh he is claiming
damage, would have gone far
beyond the diversion .created by
the obstruction in the channel:
'Thus it would appear -that an
damage that oc red as .a re-
sult
e
sult of Any flooding would have
occurred whether or not the ob-
struction was there..
In the case of Fewster and the
Township of Rawleigh, reported
Clarkand.'cull Drain-
age
at IS y s D uc
age Cases,. a somewhat similar
question was dealt with by Mr.
B, .M, ,Britton, Q.C„ referee;
After considering the case in
point, he states as follows at
page 236: "As the defendants
have neglected their duty, the
burden of proof is upon them to
show beyond a reasonable doubt
that if they had done their duty
the same damages would have
resulted to the plaintiffs."
In the present case, the evi-
dence is that the damage to the
small strip of land along the
channel of the river where
the waters would be diverted by
the obstruction ,would have be-
come flooded in any event, and
to a far greater extent, even iii
the obstruction had not existed,
so that the sante damages would
have resulted to the plaintiff
whether the .drain was in a prop-
er state of repair or not.
Thus it appears to the board
that the defendants have amply
discharged the burden put upon
them, and accordingly the plain-
tiff's .claim on this basis also
fails
The only matter that remains
to be dealt with is the question
of the mandatory, orders, and
since the non -repair is admitted,
the Board willorder that the
drain from a point 3,000 feet
north of the Devil's Elbow to a
point 1,000 feet south of the
Devil's Elbow be • repaired in
Th. limsoiloivfocoto, iG
such. .a manner .as 10 rnrorido 4
Vapackty at :least +equal to the
capacity es contained' in the Mc-
Cobbm xrpart.
• At the outset, the board enter-
tain:e4 sump .doubt as. to the
,propriety of snaking any order'
la regard to the portionof the
drain south of the Devil's El-
bow, since Oda part At the NO*
Cubbin 'work was done only ori
the :suggestion of the referee,
and not a by his :order, ar ,aPpar.'
ently upon. an;; petition. Upon
mature :consideration, however,
the board is of .the opinion that
this portion of the river is In
fact a drainage work, having
been .constructed as part of the.
'winters litIollseint
:older of the idafo
The , 'd a
:iaonsldera .. 40
coets in *N.e .
:f the ,ci
o a fo.s
plaintiff has. aiaiaot
upon who. he
attar; the .board has
consideration the Gond
defendant MCGivra„y w ..,.
Manned oblivious. oeeer a. x_
Many Years
t
he roPeat
A'
continuous requests and. dem.
that the draans be repaired,. s
under all the eircumataliees t,
board is ,of the .opinion thet tI
is not a proper case 14 Witttilt
award costs.
jmlelueleutweepene,111 I%& 4Iet,lpglh eepeemeMtfRMel 4141110/111441ileketlttllueut1144!terLiellee00190e4et1191!
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• .$199
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