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HomeMy WebLinkAboutThe Exeter Times-Advocate, 1957-11-14, Page 210 M. A A A A A A A A A A A A A A 4 A A oo 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 r ..R a •A 1 .,4 4. J!a , • i. A A It' q • r X r: F. 3. 1 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. • saeeeea. s 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! Always. Use Exide B i. tferi�s Por API Types Of CARS TRUCKS ,.-,. TRACTORS Don't ruin your generator with a cheap battery. Buy the best! Buy EXIDE! If you buy a good battery for your car, truck or tractor, you are bound to save on gas as the genera- tor soon charges the batter ' u . Therefore you save g 'Y p y s gas when your regulator cuts out. To drive a 35 -amp generator it takes a quarter of every gallon of gas, South End Used Cor Offers '57 METEOR .4 DOOR—automatic, tutone. '50 PONTIAC SEDAN—excellent, t 50 STUDEBAKER SEpAN.. overdrive, '50 CHEVROLET COACH South End Service PHONE 328 .Kusa !h Chuck ck Sn etI • EXETER ER 9„ets (tt tlggete m un etwiteuetpeten ute tntet eeteetelte, a to tetteltt telenea lneluuenat lues! ue ttatpmeui a e m e,tl,e.t Christmas Advice For Here's the most wonderful gift your wife ever dreamt of! Banish all her washday worries and work forever by thrilling her with the famous EASY AUTOMATIC PAIR. She deserves it, doesn't she? EASY PAIR For Completely Automatic Washdays PLUS YOUR. 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