for Manitoba(1), reversing the judgment at the trial and directing that a new trial should be had.
At the trial before Perdue J. with a jury, an order of non-suit was refused by the plaintiff and, thereupon, the jury were directed to find a verdict for the defendants, which was done and judgment entered accordingly.
On an appeal by the plaintiff this judgment was set aside, on the ground that there was some evidence which should have been left to the jury, and a new trial was ordered.
The Supreme Court of Canada, after hearing counsel on behalf of both parties, reserved judgment, and, on a subsequent day, th6 appeal was allowed with costs, Idington and Duff JeJ. dissenting, and the judgment entered at the trial was restored.
Wallace Nesbitt K.C. and Curle for the appellants. M. G. Macneil for the respondent.