The action was for damages incurred by a collision on the Bay of Quint6 between plaintiff's schooner and a steamer belonging to defendant.
In the marine protest by the captain of the schooner the cause of the action was alleged to be that the steamer's wheel was put to port when it should have been put to starboard just before the collision. The action was twice tried, the first trial having been set aside on the ground that the judge, by adopting the opinion of assessors, had delegated his judicial functions
The second trial resulted in a verdict for plaintiff which was affirmed by the Court of Appeal.
The Supreme Court affirmed the judgment of the Court of Appeal sustaining plaintiffs verdict.
H. Blake Q.C. and Holman for the appellant. Alcorn Q.C. for the respondent.
TORONTO RAILWAY CO. v. BOND. APPEAL from a decision of the Court of Appeal for Ontario, affirming the judgment of the Divisional Court in favour of the plaintiff Bond.
The plaintiff was a motorman in the employ of the defendant company and his action was brought under the Workman's Compensation Act to recover damages for injuries sustained while coupling together a street car and a trailer.
The main ground of negligence charged was the absence of buffers to protect the official from injury in coupling. The plaintiff had a verdict at the trial which was affirmed by the Divisional Court and the Court of Appeal.