upon the inferences to be drawn from the evidence given. The motor bus in question, having earlier in the morning proceeded from Vancouver to Port Moody, was returning over the same route at about 9 o'clock through a dense fog through which the range of visibility was from 40 to 50 feet. Having climbed a grade to the intersection of Slocan street with Hastings street the motor bus proceeded over the brow down a grade of 5.44 per cent toward Clinton street. When nearing Clinton street it was noticed by the driver that a street car had stopped immediately in front to take on passengers, and that a Ford truck had stopped behind the street car. The driver of the motor bus, in his effort to stop, lost control and, in order to avoid a collision, turned sharply to the right, mounted a 6-inch curb and brought his motor bus to rest with its left side against a telegraph post and its front against a store building. There seems no doubt that when the emergency arose the driver handled his car in the best possible manner. Immediately following the motor bus came the chief of police driven by his expert chauffeur, who also, on trying to bring his car to a stop, met with difficulties and skidded into the Ford truck driving it across the street. The chief of police ran back to flag any further cars coming down the hill with the result that the drivers of some eight or ten cars, suddenly faced with this alarming signal, lost control of their cars and skidded down the hill or across the street. The only car that came down the hill safely and rested behind the street car was the Ford truck.
" Admittedly the street, which consisted of a wooden block pavement, was in a very slippery and icy condition. The evidence goes to show that this condition was not observable to a driver, and it is suggested that this particular block was in worse condition than any other part of the road. It seems difficult to understand why this should be so.
" The driver says that he went down the hill in second gear at about ten or twelve miles an hour. In my opinion, on the whole of the evidence, the motor bus was proceeding at too great a rate of speed."
C. W: Craig K.C. for the respondent.