by-law. He also held that plaintiff had failed to prove his allegations in the statement of claim on which his right to damages was founded. The Divisional Court reversed this decision on the first ground, and held the by-law invalid. The Court of Appeal restored the original.judgment.
The Supreme Court, after hearing counsel for the respective parties, dismissed the appeal without reserving judgment.
Wilson Q.C. for the appellant.
Idington Q.C. for the respondents.
T. EATON n. SANGrSTER.
APPEAL from a decision of the Court of Appeal for Ontario affirming the judgment of the )ivisional Court (2) in favour of the plaintiff Sangster.
The action was brought by plaintiff, as next friend to his infant son, to recover damages for injuries sustained by the son from a portable mirror falling upon him when in defendants' store in Toronto with his mother. The trial judge found that there was no evidence of negligence by defendants to be submitted to the jury, and dismissed the action
The Divisional Court reversed his decision and ordered a new trial, and its judgment was affirmed by the Court of Appeal.
The Supreme Court, after hearing counsel for the appellants, dismissed the appeal without calling upon counsel for the other side.
Appeal dismissed with costs. Shepley Q.C. for the appellants.
McGregor for the respondent.
:-Sir