Judgment of the Court
(oral).-This appeal fails. The question of negligence was very properly left to the jury. There was prima facie negligence on the part of the company in omitting to have a light on the rear end of the train and in this it failed in its duty. It is true that there has been a finding which might lead to the inference that there was contributory negligence on the part of the deceased, but the jury have also found that there was neglect of duty on the part of the company, and according to the law of the Province of Quebec the plaintiff is entitled to recover, the question of contributory negligence in that province merely affecting the assessment of damages, which are mitigated in such cases.
I adopt in its entirety the opinion expressed in the court below by Chief Justice Lacoste and am of opinion that this appeal should be dismissed with costs. Appeal dismissed with costs.