[Newspaper]
Publication: The Globe
Toronto, Ontario, Canada
vol. 61, no. 17281, p. 5, col. 2-5
COURT OF APPEAL CASES.
HEAVY LIST OF JUDGMENTS
DELIVERED YESTERDAY.
New Trial Ordered in Case of Joseph
Drummond, Convicted of Perjury —
Hamilton Street Railway Loses Appeal
— Conviction of Liveryman Quashed.
Osgoode Hall, June 29.
High Court of Justice — Chambers.
Before Cartwright, Master.
·
·
Divisional Court
Before Boyd, C., Meredith, J., Anglin, J.
·
·
Doyle v. Diamond Flint Glass Co. — Judgment (R.) on appeal by defendants and cross-appeal by plaintiff from judgment of a Divisional Court (8 O.L.R. 499, 8 O.W.R. 921), reversing judgment of Idington, J., (7 O.L.R. 747, 3 O.U.R. 510), and directing a new trial as to the Plaintiff's right as widow and administratrix to recover damages for the death of John Doyle, a workman in the employment of defendants, who was caught in the machinery of the workshop while at work painting, and died from injuries received. The court below held that a release given by the plaintiff should not be held binding on her, and the defendants appeal was mainly against that part of the decision, and as to whether the action was maintainable, the money paid to plaintiff not having been returned, The Court of Appeal agreed that the release was invalid, but directed that the money should be paid into court. With that direction, defendants' appeal dismissed with costs. Plaintiffs cross-appeal dismissed with costs. Set-off of costs directed. G. F. Shepley. K.C. and R. H. Greer for defendants. A. R. Clute for plaintiff.
·
·