The suppliant here claimed $1,000 for the damage to the net and $1,500 for the resultant loss of its use. The learned president awarded $1,000 as the cost of restoring the net and $500 as compensation for the loss of its use for one month. There was, we think, ample evidence to warrant his conclusion that the suppliant sustained damage to the latter amount in addition to the cost of repairing the net as a direct and natural consequence of the negligence complained of on the part of the Crown's servants. The appeal should be dismissed with costs.
Solicitor for the appellant: Hector McInnes.
Solicitor for the respondent: C. J. Burchell.
SMITH v. SHANKLIN
APPEAL by the defendant from the judgment of the Appellate Division of the Supreme Court of New Brunswick (1), dismissing the defendant's appeal from the judgment of Baxter J. (2) in favour of the respondent plaintiff. The respondent, as executor of the late G. W. Shanklin and in his own right, brought an action to set aside a certain conveyance made by the said G. W. S. to the appellant, the grantee named in the conveyance.
The action was tried before Mr. Justice Baxter who ordered the conveyance set aside, finding that the execution of the conveyance had been obtained by fraud and that, owing to the circumstances of the case, the late G. W. Shanklin should have had independent advice. The Appellate Division dismissed the defendant's appeal from that judgment.