Lucknow Sentinel, 1893-03-03, Page 1!Trade For Canada
SawK, Axes .s.nd Cams
1 New goods- best quality
Cultery and lamp goods
,411 ;to suite Cana-
dian Trade -
1
SEE WREN.Y0IIR3Y
•I
--AND---
i
1 YOU WILL 1P11:y tilIEN
D. 1
i ror SEE
Gx TAYLOR.
VOL XX.--
- 4
wramariamyiscriicirrmisrxr
• ,..-•,.,79.,;--41.4,-*'-'•e•r-
g•
•
r
-
'4•11;••••;-.
1
LUC KNOW.
Capita paid 'up
-Reserve Fund
Total Assets
$1,25a,000
•
•
$6-5o,doo
.$7.979;646
-. President
ift7e- president ---..k. G. ItAxsiv.
DIREVTORS
Tp1-1N- PROCTOR, OFIAS. GiTR5CEY;- GEO. ROA.p14
TAE (Toronto). -
TTTRNITULL.-
. ,
-2
._
= -4 r--T.TO'S! PA 1.-ric -Tronrs 10 ' to 3- ;,::Satur- .
dfiV9g.... 10 t'S' 1. PepOE:litS (If nand Upwards
_ . , . -
eeceived and interest allowede.
virick. ,
t VIPE(94 T. DF,PORTY1S1._ - also received Ot, cur:.
4. rent rates of.
_
--D-RA YTS on- Orelif..13i•TtaIn and the 'United
- States bought anct.a01(1. .
1- a _BROWN, .STD3-,Aa-tw.
AMINE.IS:742.serrst, .
- DENTAL: -
J S.. ,,TEROME, L. D. S.
Wingham, will be in lucknow
on the second and fourth Fri-
day and Saturda'y of each month. 'Good: sets:
for -8-10. 'Filling and e---•tracting a 'specialty.
. Oftice'at Cain's-Ifotel.- •
,
LL
A. AIALCOMSOIN, B.ARRISTER;
. , .
a Solicitor, Conveyancer, etc„- (late of
Cainerin, , -Holt Ca.eieron, Goderich). Office
e'--- -
at Traver's old stand..- -. -
_ .
IJ MORR.I80..N,':- 'ATTORNEY AT
law, •Selicitor IrL Cancery. Convey-
_ ancer, Commisiener; - 0-fficeover the
- tcarb.er.shop:.-
fl •
- _
,
ARROW & PROUDFOOT, -BARRIS-
-3F ters, Solicitors, etc.; Goderich,- Ont.
J. T. GARROW, Q. 0,, PEOUDFOOT.
• itiMDICAL
..A:
Offilee;Kintail:
R; -ELLIOTT; .-.017140-.X. AND -REM-
dence, -0-utrara Street, second door north
Little's sh5e store •
R. _ TENNANT, PHYSIC IAN,
Surgeon and Acooucheur, - Surgery' op:-
posite Cain's Rote/. Officelionts from 9- to 12-
a. m., and from.2 to 5 -P. na; -
••
Me -D. -GORDO:',T, MD, ag._, PT
, M. C. P.S.0 Physician, Sur -
em, and Accoucheur.- Offite li_extdoor to W..
Allin's implement shop. Residence Ross street,
southof D. R. yeIntdsh's store,
DR-: '4ED DES, V. CALLS
. either by mail- or telegram -.promptly.
P-ttendectto.... Charges- !moderate, Residenee,
• Outram -.street, opposite Dr . and
:5-econd door north of SENTINEL Office. • *
ti,;.$1.PAL*U11.+1,441%,,,.
HEI MISSES .14TTLE ,A,RE PRE-.
• pared to p;ive music lessons on.the piano-
• .
or organ. For further' particrdPrs apply at-
the:residence:of W.•IT. !Little,- Ross street.
seresuninme1
.4.41734711X3
GENERAL:
ONEY TO LOAN ON REAL ESTATE'
security for any time, atthe lowest
rate of interest. The principarina.y be paid
at theend of the time, Or a part of the princi-
pal may be paid each year, interest Ceasing on
the amount paid, For -further particulars,
etc., rt,pply to Ll....\.TG-Ifs" STEWART, LUCklIOW.
SOCIETIES
F:RID.AY
• • 5., 4. •
Goa Inclaoconem,
eld out to buyers
looking for
C4T93 FEB
No trouble to show
goods Every.
1
' body:solicited '
D.C.TAYLOR1 _ '
0
rd 1893.
voriasiamorawripp3witaugRwasamosEissis733nabraemainnommagesswaHK 0212721117
-0-t,Ltiak4.0*
I• :•• • - • -
• 14ICKNOw, FE)3?7 10TII, 1893
-
TH.E: FAR E gat •
We h6;ve the following fa rin_preper ties!for
sale cheap and en..easyterine- of payment, viz:
In-KinloSSTOW-fishiP,a 50 are farm, A 100
.acre farm -mid -4150_ acre farm and.a, 200 acre
-
fain ;. inlipron,Township:a 200 aerelfarm .;
in
West ViraW Osh:Noviiiship a faith. of 100 acres:
anda farin Of 150- acres -in • the ,TOwnship...of
Ashfield two farinsof.100 acre s- each; in Turn:
berry .ToWnshiP-, only a few miles from the.
town • of -Wingliara, 100 ' acres Of 'timber land,
. and- a 'grazing fftrni of 250 acres in . the ToWn-
ship of -Kleardite. - •
••••.-We have alare.:4-quantitY Of money to lend
on first mortgages On farin Or yillageproperty:
froin 5iiper 'cent „i interest riP. The rt e is gov-
erned aceerding. to the ela'ss of Security. : W:e
also.ainqunts. of nieneyon second.
-Mortg ages and. first :chattel mortgages.. - -
We, do A- general banking business in all its
brancheS,..-- allow. interests On dePOsitS, issue -
-.drafts on .al! Canadian paints and on :the
American . E7:change . _National -B.Ank,": New
Yoik:Oity, and which are accepted -anyWhere
throughout th *United. States, -- Make. eolleC-1
tionTin•the States; a ktaric,),..Quebee, Manitoba-.
or the .NOrth-West, aiid cash cheque s on any
Lending .-:money oh fa,rineri notes a •
specialty, . • --
We effect - Instirance on: a.11 elasses . of
ingS, either in•Stack or Mntual- C-orapanieS as
_rdeegseinietced
lfi
.' None. but .. rs.t-Cia:SrS oni. panieS
• ,- -
-.:..GEO. A SIP1)14LL,. Mann:ger-
ROBERT-- CMINi741p.HAIFIL;
-INSURANCE
,
OinE- AND. MARINE,
Gu,ELF)H,T
Telephoe No, :195.
•
CITUROT-1
• a.- in. and 6:30y. m. Sunda ---School,.
-17;3•01).rn ,_ Superintendent., Win. -S. Holmes.
Adultclass every 'Wednesday evening at •
8 o'clock;Bible -and prayer book lesson's. All
are Welconie. REv.-.W, J. ConeoR;Pastor.
UCKNOW MECIIA. ICS
bite.. Reading room open ever evening
from 7 to -TO p. m.
'. exit eptip g
=the hours will be from 2- th .6 p.. ea. .-Th
librarians W ill be in attendance ag these
hours.- , D. I). G,
'3ee-retSfik
• . -
ArEaximiloposi,1
AN'IltiERESING.CASE:
'
The Judgment in•Roe VS,11(1llage of
-Luckitomc
• (From - tke . qpderich Star.)
This Week'--Jlidge Doyle • gave ;judg-
ment in the case of Roe iS, . of .-.Luck-
now, tried :last Deceniber, -an -apO.On
hrought to rie.deve. r dathages,for injury
to a -Stallion -owned by plaintiq, which
:Was._ caused by the blowing of a step,at
whistle on the defendant's waterW-Oqrs.-.
The Case- Was -one : Withbut :- precedent
i
in its facs' - aii , : reaarad with i
. . ..:_._
un-
usual interest, '.. by the har i in
' this .section. " it. involves:a .question
of reSporisibility.of very general: int rr
est arid th,. Judgineht- is then 'given.
herein -fult:; .. r. . .. 1
• • THE . jUD GMENT-* . _. t
. The faCts are that the -defendatits built lap'
en„,,,,nehouSe within the village limits ontheir-
own land iminediately -.adjciiiino- the higway,
e
for •fire petection and street watering pin,-
.
poses. and p73,o64 4 steam whistle on the rOdf
about twenty . feet: from the -street.he
whistle.- Wasintended'. to: signal the' bra Oh
men when to take Or ceasetakingwater from
the pipes -laid through. the: Tilla-e, . 11. he .. , ri -
lag& ' stands . On . uneven • gi'ouncl-,' an.4 if tlie:
.pines in the lower part of the village are ileft
open after- the7-engine hes quit piiiiiPir.g the .
water.escaping will leave , a vacum [ in. • the
- higher pipes,
and it -is said; cause theth to
.. burst, wLen the -Water is -afterwards - forced
frio contact with the akin empt3 liat,.-. the nil es.
*above,- Renee, thedthndant'S claidi, ari es
the, necessitY for the whistle as a.'s.gnal te -
. .
Giese or open the pipes, as occasion re uires,
•
The road adjoining is h;gher than he laiicl
oiewhich, the 'building- stands -being d seri
. d
as level. with the top _. of door case !of the
engine hone thus exposing. the roof -. • nd the
whistleto vie -et; from the hig-hWay...
. . _
' On the •Opeas4on complained:. of -thr .Pl ain-
tiff's - stallion in • charge of ..hiS servant hap
I: pened• to be COMliag out of the village along
the highWay, and. when about 12.0 feet froth
the .engine - house the. - defendant's •ergineer
o turn
nd ran-
, The'
le' that
ng the
4 But
anyene-
. blew the whistle, the noise andescapi g.stearg.
frightened the: Stallion: Causing -him-.
.snddenly. round, upset the buggy,
away, doing the dainage. connilamed
engineer knewbefere he blew .the whis
the branch man hadfinishedvatcri
stre.ets41cl_had rettirned to engine hods
he that he blew fit -"to Warn
elFe who imaht -have a`• branch, key o cease
taking water. It appears. a few . branch keys
are held by firemen forpubjio .use inIttise of
fire, -and that they wonietitnes-Uffe the er for
their owfl. private burposes,
. Owing to . a -rise in t'ae r )a,ckbetw
C. T. R. TIME TABLE; -
• -Trains leafte-Liicknowfor sOuth at16:18 a m
1048 a, in.. -'and 620 p m,- -
_North at 12!:,3p p m,, 4:02 P..- m. and 10 28
TRE SUBSCRIBER HAS OPENED AN
office in the building est of the
SENTINEL Printing CP,,'
_ AGREEMENTS, 'BONDS, LEASES,
-DEEDS, MORTGAGES AND WILLS
-CAREFULLY PREPARED. _
Plans ,specilications and estirnates for blind
ings; mills, bridges, etc,;furnished
on short notice.
JAS-, SOMERVILLE..
Lficknow , Jan .T891.
- Farmers, look to your own interest'. and
•
O. G. T. SEPO-i LODGE; NO. 384.
Xi- meets in the. south end Lcidge ROMP:
in the TemPerance. LucknoW,. every
Tue8dayeVening* at 8 el c ck e -D.- WER-
STER, 0. T., S. 2414.iinlgRs; See;`,
.
(5. IT.- The regular monthly
. _
meeting of the Wernen's . Christian
- Temperance, -Union will be held every second
Wednesday of each rnon;th in the Odd.Fellows
Lucknow; -at 3 ni. Mits. W. H.
SMITH, President ; MRS. HORNET;L, Secretary.
.
inSure your farm bindings • and -
Private dwellings in tbe..
LONDON MUTUAL.
No 1-arge-PrentiOinN:otes required
CASH SY.STEM-:'
50 cents to 90 Cents - per -$100- for three 'years,.
JOHN . LANE
ACENT, KTLopeps.
Also_ agent --for the -Phoenix- of London -
- England.
ir TY C -K N O W•
r......,....f
••"?"-' ••&st
1/ Lodge, No112
meets every Friday
,.
m
- L-_„-; evening at 8 o'clock
- An their hall,* CarapbelPstreet. - All brethren
cordially invited. IC.J.[.-Mc14ort, N. 0 -raid.-
. ,
FL, a PlEncE, Recorder. "
O. F. ,GOURT
• Sherwood, No.
0, Lucknow. Meet -
;every first and third
iMonday ' in every
Lin:Louth, in the Or-
ange hall. visit -
ling - brethren are.
,cordially invited..
J. Droicts, O. R._
)3. D. -ITTILE SEC.
1 • E.
. U. W. LITCliNOW LODGE OF
• the Ancient Order 'United Workmen,
meet in the Oddfellowhall, on the last and
secc;nd Monday ,.evenings of each month a
eight o'clock.. Visiting. brethren 'cordially
. .
7/1V-Ited- • • PATTERSGN,. Master -Workman,
D. CAMERON, Recorder.
earztters ten ion
To obtain the best prices for
your
B13TT HR,,
it is to your advantage to use
FINE LIVERPOOL.- SALT,
and bring it to market in tolls
-weighing from -2 lb. th 3 lb. or
in obs.:Crock or pails at
.t.h.'.:seps.(341i...-• bring • as.
. .
rood prices. --
•
engine h -fuse and the village ai:perso
,
11.-ag- a'one. the highway cannot be seen
. away than about three -hundred feet f
-engine bonse-,: -. :, . • i - . • .- - .: --
- The plaintiff in his :statement, 'Of
!.'that th 4 defendants-ereeted certain
ings,and _ma.chinary: for •-t-eater,VorLs !` rid -fire .
. . . . .
protection --.purposes - centaining. -a " Steam..
-whi3 stle w:h when blown1 " would from itti-,
- ,.:hi.'. .
lpudness, and: shrillness naturally "`- f %lite -a-
t
horses . pursing . near, ad_ ncareleSAy ;-" and .
negligently:arid in breach- Of their said" dutyerected the saine to dose to the said. " highway
arid to - eon§tittite ...and be A .nuiSanc ' "and
soupe of.dauger to persons- la,w;ully " traVel- •
-eig:-with. horses therpon.!'" '
, . •• - ....
:
Th 0 plaintil 'contends. th;s :case is g Ve-ned
by rule of -law laid dewn : in. that. -.e aiS :of ..
cases.. illustrated- by: .Fletclierf- vs, Ryland
R -ch. 265, and.that. therefore, it is nOt.neces
en:the
farther
0111: the:
WHOLE NO.
usual sound, between that -cif a.steam boat and
railway.w1-*-stle. One of the witnesses said
he remembered but Once befere of have heard
a whistle likeit, on a steain Wad. Several of
the witnesses desc ibed it as more of a bass
than a 'treble: • •
: • _
.:Situate itis, So near and in fun View
he highway with its!escaping steam and. un-
usual sound, it is well desibed in my opinion,
to frighten horses passin; along the highway. -
It -is needless to add here that it is. no justi-
fication for the use of a dangerous thing, for
defendants •to -say that is essential to the
efficieaC37 of -their waterwoiks. (See remarks'
of Proudfoot, J. in hildred vs. Thurston
-supra, at eg 516; 9 Appeal)'
' The railway cases :cited on the .a.rgument
and that cases which -for d!stinction we may
call obitruotion to M. Ihway eases belong to a
different . elais Plow Fletcher and Rylands,A
though neasly related thereto, andlI have err.
deavored to avoid,.as far as poieble, mfer.7.
enceto them in this portion Of my judginent,
Wilkios vs; Day, and Brown vs, Eastern !Mid
R'y both belong to the ob4rubtions to
highWay class..1 ;
The quest on Of contributory negligence re-.
- mains to .be considered.
The defendants say, that if plaintiff's -servant
had .been hOldbig 'a tight - reign and giving
special attention to the .horSe as he should.
when driN nt along this portion Of - the road,
on which there was a mill and the engine house
• etc,, he could have prevented the accident aid
the driver himself wouldnotUncle;,ake to say
what might have keen, the result if he had
been • holding: a. tight relli at the time. the
whisPe blew, And some evidence wa. given
to the e'f4"e,:t.that the driver inimediately after
the accident, made re:Mai-Es to the -effect tint.
if he had -been. payirg . more attention to .his
. horse and less to his pipe tb.e horsewouldnot
got away from Inm
- - - .
It 18 quite in accordance with 2 the
:frailty df.. huiii911. nature and perhaps,-
especially 'among horsemen, that- the
driver should endeavor to uphold his
reputation. as •a -skilful ' horsemen by
offering: some such excuse*. for -• the•
horse's escalPs from him, . but :in his
eiidence,..whilst he would not deny
that. he :might have made sothe such
reinarkS.as-that. attributed' to him, he
does deny that he had his pipe out at
the time and though se Vera' witnesses
were called by the defendants to show
the :manner -.of_his :dri-Artag as he was
approaching. theslabe Of the accident,
none ofthem-says he had his pipe
oub at the They described what
he: was doing with his hands.
Besides there is eVidelice that he -is
an experieneed and very ea,reful driver,
It is ...also' shown . that - he : has
driven alOng. this ;highway past the
engine Louse over thirty tithes pre
vioLiSly but although he .saw the
Whistle, .he never hearditblow before
and was not thenTexpecting it to blow
..,t
experience to be sufficient for ordinary
purposes with this hotse_ - This was .
all he was bound to do. .
In -Smith on . Negligence, -2d‘ Eng.
Ed., pgs. 4,53-3 -(Bla, Pub.), eontribu-
ory negligence is thus defined;
"When- the .plaintiff has proved, ac--_.
cording to his ey;dence, that the het of
the defendant. has caused the injury Of
which he complains, the, defendant- in
his turn may prove that the plaintiff
by his owmact, contributed to c:iuse
the injury, ,,,,na that the. plaintiff might, -
by the exercise of ordinary care, have ,
avoided the consequencas, of the l' 'de-,
fendaht's.tegligene,e. But such proof
is not -in-- itself, sufficient to destroy"
the 'plaintiff's claim, and the defend- .
ant must -go farther and show that the
plaintiff's. negligence was of. such a
character that the exercise of ordinary
care upon the defendants part would
nothivePrevented the plaintiff's ileat/,-
. . --
ligent tact . from causing the injury,
and. this • is the sort of -negligence '
which the law Calls contributory negli-
gence.".. ..,
And that is the interpretation given #
by our own courts -to. cotributory neg-
ligence ; Forward. y. City of Toronto, -
.22 Oat:, . pg. 359.
It Must be borne in mind that the '.
. .
-burden of - establishing contributory
negligenc .is or the .defendants.'
that plain'tiff's - driver- Was guilty of
e
he kl pndant must prove, not only
negligence in not holding a tight rein •
and not being,on the 'alert when . the
whistle Weir, but also. that -the driver's
"negligence- was suchthat the awl.- .
i‘ dent could nAt have been avoided by
"due .diligence on. their part, that is
.to..say, th it the negligence ef the
" driver was- the proximate cause of .
the accident. • - - -
J- It cannot be setiOusly contended
that the driver's manner of holding' the .
reins would- haveled to this accident '
if the whiitle had not been blown. - '
- • i# The party' Who last-- has a clear
opportunity of avoiding the accid3nt,
"notwithstanding . the negligence et ,
. "his .opponent,, is eonsidered-solely re-
" sponsible for it." Forward- Y City
of Toronto, supra - pa 361.
The defendants ep.oineer - had - here,
clearly, thelastoppo tuklity of avoid-
ing the "accident :by 1. .. ng out on the .
highway imihediately before blowing- -
, .
the whistle.
The 'blowing of the whistle - was
then, • undoubtedly, the proximate
.cause of the accident, Pollock on Jere
pgs. 291-5 (Bla. series) Tuff v Warhaan
.5 0. B., N. S. 573) 23 - Bridae v. Grand -
.
Junction ky, 3 .111. and W. .244
Radley v. Loudon & North 'Western
Iry Co 1 appeal (II Lords) 754 • -
Sherwood v.-Flathiltopi., 37U C, 410;
Tyson. v. 0-: T. R. Co.; 20 11. C. 256;
Forward tr-, City of Toronto, supra. .
It cannot be considered conteibutory
zeg,ligenge (m. the .part of-. the 'driver
merely bebauk he has 15-t anticipated
the defendants negligence • for the
ariver had a right to assurne that'de-
fendants were going td act with ordin-
ary means until he had some notice_ to)
the -contrary: when. itbecame his duty
to take ordinary means to 'avoid it, .
that is .Auch. means as a. prudent man
Should'. [Smith on -Negligence, 2d
Edi., pg. 157:t1i. series.] • ..: .
Nor is the fab that the driver had
previously seen the whistle on the en-
gine house and _knew it was a steam
whistle anyanswer to defendent's neg-
ligence, nor would that fact make, it
contributory negligence on his part
not to haVe•driven past With a tight. •
rein: At page 108 of Smith on Negli- - .- •
&nee, supra, says.: " The defend-
ant is not exoused merely because the
plain. tift, knowing of a danger caused .
by the defendant, voluntarily incurs
the ..danger; for the defendant „may
have so acted as toinduce the .-plain- °
tift,. as a reasonable man, to incur the
danger.
' SO here though the driver knew of
the whistle, and had pas,sed it over
thirty times .previously, he never
-heard it blown before, • and had no-.
reason to suppose it was going .to. he::
blown then. - • . . .
As - already stated' there is .a risc
here.- in the road, between the engine
hbuSe and the village, so that a Con:.
VeyaiiCe coming from the Village can-
. .
not be seen farther -away . from :the
-engine house than al*-ut 300 feet If
the engineer hadin this instance taken
his usual precaution to look out on the
highwayimmediately before blowing
the whistle, as' he should have, done,
he' would, have seen plaintiff's -stallion;
and could have avoided the accident.
}lig explanation for not having .taken
that iirecaution was because - he and
the branch -man had just -come into-
- the huilding -about a' minute before
and there was then no one in sight on
the highway. Thatis quite consistent
With the fact that the plaintiff's- horse
was _ concealed by . the. elevation
in the =highway, when the engineer
.went into the _building; and that the.
horse, at an ordinary walking pace,
bad reached the point where the acci-
dent happened (120 feet from the
building) when the whistle blew. It
may be assumed : that a-. horse' will
walk as fast as a nian at an ordinary
_
pace, now 6, man-. will walk over 240
eet iij a -Minute- without effort, whilst
laintifts horse required to walk onli
bout 180 feet to reach the place of
_ • • -
he accident after the engineer went
nto the engine house, and before he -
blew the whiStle. -
t.
Assuming that ifthe driTer, .had
een on the alert, anticipating trouble
nd holding a tightreinwhen the
whistle blew,the accident might have
een'avoided, the fact that he . was
otdoes not establish contributory
egligence on his part, under - the -cir-
umstancea here.
..The horse is describeet..at Unusually
iiiet ani steady, accustomed to be
riven with the reins. hanging loosely
. .
when. waiking, as .at this time.), the
river had driven' Itim_along this road
ast the engine house ' over , thirty
biles before this; and never saw any-.
eCessity for more than ordinary _ p_re-
sary to proVe-negl'ence A:sainst. tlfe..defend
-
I " The: _defendants, On = the . cOntrary, c nter cl
the case falls within the class.dt. oases to Whiali .
belong Wilkins Vs, Day, 2 Q. IL-11"•:, 11'3, and
Brown:vs. Easter Mid- R'y'SJO..`-',-3, Q, -.B. 117,
39-1, and, in the abSenee of 41egikellOe defeuit-,--
antgare not ilabable. -The 'defendants further.'
- conte -.ids that pl aintiff'S servant was--. -guilty o f -
contributory-. negligenc,. and -they, are, there-
fore exonorated in eitherf"Yie.w- , .1"- - .
, -
I amof.opinion the facts of. this ease, .br.ing.
:it clearly 7a thin the rule followed in F etcher
vs, Rylands,.,as reported :-H
in 3on1:Se of Lords
-$$0 Were -tt
he'. Judgment of h -C
e _oprtj. f E]c-
cliexuer Chamber was unanimously :uPheld.
The rule . is: "'that... the person, who
-1`• for his own vit.:poses-kin?, op "Mi. land, and
collects and keeps- "there laythin,9,-- likely t'
do raiSchief "if it escapes must keep it - in fat
,
his pearl, and if -". he do soriS priMa facie
anfwerable-"for all the damages wfuch is the
natural "Consequences of its escape."--,.
There the troubleci-eZmplained of was
caused by water colleci.ed by defendants da
their own land, which" escaped throup un-- p
known defects inkthe bOtom of the basin and a
aid injury -to the pla.intill's mine below,
After quoting other. authorities the jud2,e
-
In the case under consideration by me. the
engine-11(11mo and Waterworks were admitted
to be constructed under a by-law of the
cipality, and the . deferidarts intend b
that the useof the- steam whistle is essential a
to the efficient managoments of theWoiks. It -
'was -not contendekhciivever, that the usel-of the
-whistle was expressly 'authorized by the by-law b
it havkg been added after the works were n
finished .and tested, and .some difficu4y ex-
perienced, lathe bursting of the pipes. caused n
as it is said, •by the enforced contact fof the e
of the water with the air in the pipes n the
higher ground. - -
If the wnistle, then, be a thing likely to do q
mi.ifthief the defendants. assume the -common 4
law liability in br nging it on. property,
"and are bound to _keep it there at their
periliAnd are answe •able for all the 'damage d
which is the natural consequences of: Frts es- „
cape,.-."'accordi4g to ihe rule in Fletcher and
Rylands • The .fioise-and'steam are -1141y to .1)
do mischief • many decided cases attend. I n
; he was driving on this occa-
ionin the manner and with the Eaten-
.
ion which he had found by previous
need.. only refer to two -Manchester 111'y Co. -d--
v& Fullartop 14 0, B. N. S. 54, -„arid Sco tend
wife vs, R'y. 24 0, P., 347; s
This Wh-Istle.. was -described as One -of un- t
. .
•
Itis withOut regret I find myself
enabled to decline to assume the re-
sponsibility- of approving of and thus
continuing•a state of affairs so .fraught.. •
with danger to the public isthe use
•
* (Coiltinneed on. page 4)
•