by reason of being severed from the other lands, and on account of their being rendered more difficult of access by reason of the construction of the railway and the grade thereof, and their being impaired in value, were injuriously affected to the extent of $1,800, but they made no award as to this, as they considered they were not warranted under the "Railway
Act" or by law in making any such award, finding further that they could not make any award as to damages claimed by the respondent on account of lands injuriously affected on account of vibration that would be caused by trains and by noise and smoke.
Mr. David Marr Brodie, the other arbitrator, filed a minority award, in which he gives his opinion as to the value of the lands taken at $3,415, being $1,900 less than that by the majority arbitrators.
He further places the damages to the other lots mentioned in the majority award at a less sum than the majority arbitrators, he stating a figure of $3,432 in lieu of the figure of $4,800 stated by the majority arbitrators, the difference of $1,368, and concurs in awarding no damages for smoke, noise or vibration.
The present respondent, William Ernest Holditch, appealed from the award of the majority arbitrators on the grounds, amongst others, that compensation should be allowed for the property of the owner not taken by the company, but injuriously affected by the construction of the railway in question, such property being the remaining lots in the subdivision, and for damages or compensation for the intercepting and destroying of the ingress and egress from the remainder of the subdivision; also for damage sustained by the construction of the roadbed and grade higher