TASCHEREAU J.-This is a clear case for a dismissal.
The case of Caswell v. St. Mary's Road Co.
seems to me to be good law; it was there held that if snow collect on a certain spot, and by the thawing or freezing the travel upon it becomes specifically dangerous, and if this special difficulty can be conveniently corrected by removing the snow or ice, ,or by other reasonable means, there is the duty on the person or body, on whom the care or reparation rests, to make the place fit and safe for travel.
I agree with Chief Justice Hagarty's reasoning.
oF
J.-I am entirely of opinion that there is no evidence in the case of any neglect upon the part J. of the corporation of the town of Cornwall to keep the street upon which the accident which caused injury to the plaintiff occurred free from ice, much less of the fact that such accident and injury can be attributed to any such neglect if there had been any. The accident was plainly attributable to the peculiar state of the weather at the time, namely, a severe frost suddenly ensuing upon a thaw and melting of the snow upon the sidewalk thereby causing some ice there upon which the plaintiff slipped and fell. The appeal should, in my opinion, be allowed with costs and judgment be ordered to be entered for the defendants as upon total failure of the plaintiff to prove the cause of action as alleged.
and JJ. concurred in the judgment of the Chief Justice.
Appeal dismissed with costs. Solicitors for appellant: Leitch, Pringle