to have been received by the assured and alleged to belong to the owners, the defendants not having furnished any means of ascertaining the amount, if any, so received there is no amount that can be deducted in this action.
Ritchie C.J.
.
STRONG J.-I concur in all respects in the full and very able judgment delivered by Mr. Justice Palmer in the court below.
FOURNIER, TASCHEREAU and GrWYNNE JJ. concurred in dismissing the appeal.
Solicitors for appellants: Weldon, McLean 4- Devlin. Solicitor for respondents: J. G. Forbes.
JOHN KYLE (DEFENDANT) ........
...... APPELLANT; Mar. 21.
THE CANADA COMPANY (PLAINTIFFS) RESPONDENTS. ROBERT HISLOP (PLAINTIFF)......... ..... APPELLANT; THE CORPORATION OF THE TOWN
RESPONDENTS OF McGILLEVRAY (DEFENDANTS).
E
Appeal-Direct from Divisional Court of Ontario-Special circumstances-Decision of Court of Appeal on abstract question of law.
It is not a sufficient ground for allowing an appeal direct from the decision of the trial judge on further consideration or of a Divisional Court of the High Court of Justice of Ontario, that the Court of Appeal of that province had already, in a similar case before it, given a decision on the abstract question of law involved in the case in which the appeal was sought, though it might be sufficient if such decision had been given on the same state of factsand the same evidence.
KYLE v. THE CANADA COMPANY.
APPLICATION to STRONG J. in chambers for leave to appepl to the Supreme Court of Canada from the deci- [VOL. XV.