Per Idington and Anglin JJ.-Objections based upon provisions enabling statutes which have not been set up in the pleadings nor relied upon in the courts below cannot entertained upon an appeal to the Supreme Court of Canada. Hamelin Bannerman Can. S.C.R. 534) followed.
Per Anglin J.-An action, brought in for recovery of damages in respect of injuries occasioned improvements executed in upon works constructed many years before that time, is not subject to the prescription of thirty years; nor can the prescription provided article of the Civil Code applied where the action has been commenced within two years from the time the injuries complained of were sustained.
*PRESENT:-Sir Charles Fitzpatrick C.J. and Davies, Idington, JJ.