18S6
STRONG J.-I think the appeal should be dismissed for the reasons given by the court below.
FOURNIER., IIENRY and TASCHEREAU JJ. concurred. Strong J.
Sir W. J. RITCHIE C.J.-I am afraid you cannot get along with this appeal.
It has been laid down in this court, and in the Privy Council, that where a jury have passed on a question of fact, and their finding has been affirmed by the court, a court of appeal will not override it.
The repairs could have been made at Sidney and the jury have found that it was not necessary to go to St. YOL., XIV.]