terms: "Insufficient precaution on account of approaching crossing and conditions existing on morning in question." Held, that the jury's findings, if read with and construed in the light of the issues presented by the pleadings, the evidence and the charge of the trial Judge, were justified both as to appellant's negligence and as to absence of respondent's contributory negligence and were not too vague to support entering of judgment for respondent. Judgment of the Court of Appeal, ([1919] 3 W. W. R. 201), amrmed. Appeal dismissed with costs. W. N. Tilley, K.C., for the appellant. THE CALGARY AND EDMONTON RLY Co. v. THE SAsk. Land anD HOME ALTA.] STEAD CO. [NOVEMBER 10TH, 1919. Railways-Arbitration--Costs-Award less than costs—Limitation 'Railway Act," R. S. C. 1906, c. 37, s. 199. 66 The taxable costs, incurred on an arbitration pursuant to the "Railway Act," are constituted by section 199 a debt recoverable by action; and the liability for these costs of the expropriated party is not limited to the amount of the compensation. Idington and Duff, JJ., dissenting. Per Anglin, J.-The allowances made by the judge cannot be reviewed on appeal for the purpose of establishing that he exceeded his jurisdiction, Brodeur, J., dubitante, and Mignault, J., expressing no opinion. Judgment of the Appellate Division (14 Alta. L. R. 416; [1919] 2 W. W. N. Tilley, K.C., for the appellant. B. C.] REID ET AL. v. COLLISTER ET AL. [ОСТОВЕК 218т, 1919. Mines and mining-Certificate of improvements-Application for Affidavit-Cessation of work—“ Mineral Act," R. S. B. C. 1911, c. 157, ss. 49, 52, 56, 57. The respondents, owners of mining claims under the "Mineral Act," complied with all the requirements of section 57 except the filing of the affidavit required by sub-section (g), which they were prevented from doing owing to the issue of a writ setting up an adverse claim by the appellant, as they could not swear that they were in undisputed possession" of the claim. The respondents waited for such adverse claimants to proceed with their action and allowed two or three years to elapse without doing further work or making further payment on the claim. Section 49 provides that "if such work (annual work) shall not be done, . . . the claim shall be deemed vacant and abandoned, any rule or law of equity to the contrary, notwithstanding." Held that, under the circumstances of this case, the respondents were relieved from the necessity of doing further work on the claims pending the issue of the certificate of improvements and that they were freed from the consequences of section 49. Judgment of the Court of Appeal ([1919] 3 W. W. R. 229), affirmed. Appeal dismissed with costs. Mayers, for the appellant. Bass, for the respondent. ALTA.] MCBRATNEY V. MCBRATNEY. [NOVEMBER 10TH, 1919. Husband and wife-Will by husband-Relief to wife-Discretion of the court-Intestacy—“ The Married Women's Relief Act," Alta. 8. 1910, 2nd sess., c. 18, ss. 2 and 8. The discretion conferred on the court in favour of the widow, who applies for relief under "The Married Women's Relief Act," is restricted by implication, to the portion of her deceased husband's estate which she would have received on an intestacy. J., contra. Idington, Judgment of the Appellate Division ([1919] 2 W. W. R. 685) reversed. Appeal allowed, costs payable by estate. O. T. Jones, K.C., for the appellant. M. B. Peacock, for the respondent. LOCAL AND PERSONAL. Capt. E. J. Thomas, M. C., well known in Winnipeg as being equally brilliant in athletics and law, has returned from overseas, where he won his Military Cross with the "Little Black Devils." He is entering into partnership with Mr. Norman McMillan. Col. J. G. Rattray has been appointed to a position which appears to be an innovation in procedure. It is called the Law Enforcement Department of Manitoba. Major L. Clare Moyer has entered into a partnership in Regina, to be known as McMurchy and Moyer. He went to the war as a lieutenant, won his majority in the field and received the D. S. O. In addition to his fighting capacity as lawyer and soldier he was an editor for some years. A. Kennedy Cowper, son of County Crown Attorney Cowper, has started practice in Welland, having at length recuperated from serious wounds received while with the artillery in France. Garnet Leroy Rodd, nephew of the Crown Attorney, has entered the firm of Rodd, Wigle and McHugh, of Windsor, Ont. His recollections of Anson on Contract will be interspersed with impressions of Vimy Ridge and Hill 70. OBITUARY. His Honour J. Lesslie Jennison, senior District Court Judge, Calgary, died on December 1st, after a short illness. London, Ont., lost its oldest practitioner recently in the death of James H. Flock, K.C. He was 85 years of age and had been practising since 1856. As a City Councillor and one of the most active promoters of the old London, Huron and Bruce Railway, he had done his part in building up the city. His Honour C. J. Mickle, until recently Judge of the Northern District Court of Manitoba, is dead. Before his elevation to the bench he was remarkably successful in public life, running five times and never losing an election. He held the portfolio of Provincial Secretary in the Greenway Government. A well known King's Counsel was lost to the Toronto Bar by the death recently of R. S. Neville, who at the time of his death was Assistant Master in Ordinary. He was prominent in political and social circles and some of his essays were interesting contributions to National and Imperial literature. St. Catharines has lost one of its noted citizens in the person of Matthew J. McCarron. He was known to many by his legal abilities and to still more by his devotion to the charms of Lawn Bowling. He will be long missed among the devotees of the game at their annual tournaments. |