arbitrators appointed to fix the value of land expropriated and remitting the case to them for further consideration and assessment on one branch of damages as to which they had held that they had no jursdiction.
On and prior to the 13th day of July, 1912, the respondent Ernest Holditch was the owner of a block of land situate in the Town of Sudbury, in the Province of Ontario, which block of land had been sub-divided into different lots laid out upon a registered plan. In expropriation of their right of way the railway by their notice expropriated and took absolutely lots according to the registered plan numbered as follows (the numbers follow).
An arbitration was had, pursuant to the provisions of the "Railway Act," before three arbitrators, Robert Spence Mitchell, appointed by William Ernest Holditch; David Marr Brodie, appointed by the Canadian Northern Railway Company; aA'd His Honour John James Kehoe, Judge of the District Court of the District of Sudbury, the third arbitrator chosen by Messrs. Brodie and Mitchell. The arbitrators heard a considerable amount of evidence, examined the property and subsequently an award was made by the majority of the arbitrators, His Honour Judge Kehoe and Robert Spence Mitchell, which award is exhibit No. 21 at page 109 of the appeal case. By this award the majority arbitrators awarded the respondent William Ernest Holditch the sum of $5,315 for the lands entirely taken by the railway. The majority 'arbitrators found as a fact appearing on the face of the award that the following additional lands of William Ernest Holditch, namely, lots (numbers), in the subdivision,