June.1.
THE IMPERIAL OIL COMPANY
T
-**Oct. 24.
(DEFENDANT) ..............
RESPONDENT. ON APPEAL FROM THE
QUEEN'S BENCH DIVISION OF THE HIGH COURT OF JUSTICE FOR ONTARIO. By R. S. 0. (1887) ch. 120, sec. 1, all persons are prohibited from preventing the passage of saw-logs and other timber down a river, creek or stream by felling trees or placing any other obstruction in or across the same.
Held, reversing the judgment of the Queen's Bench Division (29 0. R. 206), that placing a dam on a river or stream by which the supply of water therein was diminished so as to interfere with the passage of logs was an obstruction under this Act.
APPEAL from a decision of the Queen's Bench Division of the High Court of Justice (1) affirming the judgment of Boyd C. at the trial.
R. S. 0. (1887) ch. 120, sec. 1 contains the following provision:
"All persons shall, subject to the provisions in this Act contained, have, and are hereby declared always :-Sir Henry Strong C.J. and Taschereau, Gwynne, Sedgewick and Girouard JJ.
:-Sir Henry Strong C.J. and Taschereau, Gwynne, King and Girouard JJ.