Turcotte v. Ryan

-- RUDOLPHE

TURCOTTE

*May

CHARLES DESJARDINS (DE- - APPELLANTS; *May 20.

FENDANTS)

.................

....

AND

CATHERINE

RYAN

OTHERS

(PLAINTIFFS)

..................

RESPONDENTS. APPEAL FROM THE OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.

appeal is dismissed with costs on the very simple ground that the accident was caused, as found by the two courts below, through the fault of the defendant, Turcotte, when he was in the service of the other defendant, Desjardins, and during the course of his employment.

Appeal dismissed with costs.

The petition of right prayed for re-payment to the suppliants of a sum of money deposited by them to obtain the release of a number of cattle seized for infraction of the "Customs Act" and held by the Crown as forfeiture.

The questions raised on the appeal depended almost entirely on the proper conclusions of fact to be drawn from the evidence.

The Supreme Court of Canada heard counsel on behalf of both parties and reserved judgment. On a subsequent day the appeal was dismissed with costs. Notes of reasons for judgment were delivered as follows:- J.-I agree with the learned judge of the Exchequer Court. The appeal should be dismissed with costs.

concurred in the dismissal of the appeal. J.-I see no reason to complain of the methods by which the learned trial judge has arrived at his conclusions.

If the methods or mode of reasoning adopted by him be liable to produce results that would not be mathematically speaking exactly correct, he has allowed, or has at all events had, such a wide margin to spare that I see no reason whatever to doubt the absolute correctness of his conclusion.

In view of the heavy burthen of proof the law casts on the appellants, it would require, if not a clear mathematical demonstration, at least a great deal more cogent evidence than has been presented to us in argument, (and from the careful preparation thereof, no doubt all that could be presented has been presented,) to discharge that burthen and entitle us to set aside the conclusions of Mr. Justice Burbidge, supported as they are by a mass of evidence needless to dwell upon.

I think the appeal should be dismissed with costs.

concurred in the dismissal of the appeal with costs.

J.-I have nothing to add to the reasons stated by Mr. Justice Burbidge, in the court below.

Appeal dismissed with costs.