Per Nesbitt and Idington JJ.
That there was not any expression in the statute showing a contrary intention and, consequently, that the distance should be measured from straight line on the horizontal plane but,
Per Idington J. -In this case, the location the bridge was to be "opposite the road leading to Ste. Therbse," and there was proof that the bridge complained was within half a league that road, the plaintiffs action should not maintained.
APPEAL from the judgment of the Court of King's Bench, appeal side, affirming the judgment of the Superior Court, District of Quebec, by which the plaintiffs action was dismissed with costs.
The appellant is the assignee of the rights of the original owners of the bridge franchise under the ;-Sir Elzdar Taschereau C.J. and Girouard, Davies. Nesbitt and Idington JJ.