Majority
APPELLANT; *Mar. 15, 16, DOMINION OF CANADA (PLAINTIFF)...
17, 20, 21. AND
Oct. 3. THE
HONOURABLE JOHN
DOUGLAS
ARMOUR, THE
TORONTO GENERAL TRUSTS
COMPANY,
HENRY COX |
(DEFENDANTS) ...........................
J
ON APPEAL FROM THE EXCHEQUER COURT OF CANADA. The Exchequer Court Judge heard witnesses and upon his appreciation of contradictory testimony awarded damages to the respondents. The Crown appealed on the ground that the damages were excessive.
Held, Gwynne and Girouard JJ. (dissenting)
, that as it did not appear from the evidence that there was error in the judgment appealed from, the Supreme CouTt would not interfere with the decision of the Exchequer Court Judge.
APPEAL from the judgment of the Exchequer Court of Canada adjudging that the lands mentioned in the information were vested in Her 1Vajesty The Queen, for the purposes of the Trent Valley Canal, and awarding $14,158 to the respondent, the Honourable John Douglas Armour, as compensation for the said lands with interest and costs, and $100 to the respondent Henry Cox, for damages in respect of his lease of said lands with costs.
:-Sir Henry Strong C.J. and Taschereau, Gwynne, Sedgewick and Girouard JJ.
NOTE.-This not reported at the time judgment was delivered, is now published at the request of the court.)