[Newspaper]
Publication: The Globe
Toronto, Ontario, Canada
vol. 60, no. 16969, p. 5, col. 3-4
PERPETUATE EVIDENCE.
A NOVEL ORDER GRANTED BY
MR. JUSTICE ANGLIN.
An Atlas Loan Action on Claims Which
Will Not Mature For Several Years
— Junction Club Case Postponed a
Week — Osgoode Hall News.
Osgoode Hall, June 30.
High Court of Justice — Chambers.
Before Cartwright, Master.
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Divisional Court
Before Boyd, C., Meredith, J., Anglin, J.
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Doyle v. Diamond Flint Glass Co. — Judgment (E.B.B.) on appeal, by plaintiff from judgment of Idington, J., (3 O.W.R. 510), dismissing the action, and alternative motion by plaintiff for a new trial upon the ground of the discovery of fresh evidence affecting the status of plaintiff as widow of John Doyle, deceased, and motion by defendants to set aside findings of jury and to dismiss action on the ground that there was no evidence to go to the jury. Action by plaintiff as the widow of John Doyle, who, while in the employment of defendants, received such injuries as caused his death, to recover damages for his death, which plaintiff alleged was caused by defendants' negligence. The Jury answered questions submitted to them in favor of plaintiff, but the Judge held plaintiff was not the widow and was barred from recovering by a release. Order made for a new trial upon the question of plaintiff’s widowhood and for a new assessment of damages. Costs to be disposed of by the Judge, presiding at the new trial. R. C. Clute, K.C., and A. R. Clute for plaintiff. G. F. Shepley, K.C., and R. H. Greer for defendants.
Before Boyd, C., Meredith, J., Idington, J.
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