Per  Strong  J — The  case  appears  one  in  which  the  maxim  "  res  ipsa
loquitor  "  applies.  The  defendants  by  putting  the  post  with  a  printed  sign
board  on  it,  with  a  direction  to  engine  drivers  not  to  pass  it,  as  indicating
the  point  beyond  which  it  was  not  safe  to  proceed  until  it  was  ascertained
'  that  the  bridge  was  clear,  by  their  own  act  had  shown  that  the  omission  to
obey  this  direction  would  be  negligence.
Per  Henry  J — The  mere  fact  that  the  post  was  established  by  arrange-
ment between  the  city  and  railway  authorities  for  engines  to  stop  at,  made


439
Railways  and  Railway  Companies— Continued.
the  company  liable  for  breaking  the  rule,  there  being  no  contributory  neg-
ligence on  the  part  of  the  plaintiflF.
Appeal  dismissed  with  costs.
Canadian  Pacific  Railway  Co.  t.  Lawson.— 12tli  May,  1885.
22.  Use  of  sti-eets  of  city  of  Quebec  by  North  Shore  Eailway  Compaay —
Non-liability  of  corporations  for  damages  caused.by.
,     See  CORPOEATIONS  21.
oo.  street  railway— Accident— Action   of  damages  for— Improper   construe-
tlonof  track— Finding  of  court  of  first  Instance  on  tbe  evidence  affirmed.
The  plaintifl,  a  driver  employed  by  the  Montreal  Brewing  Company,
while  crossing  the  track  of  the  defendants  on  Place  d'Armes,  opposite  the
the  church  of  Notre  Dame,  was  thrown  out  of  the  waggon  which  he  was
driving  by  the  breaking  of  the  rear  axle,  breaking  his  leg  and  sustaining
other  severe  injuries.  He  brought  an  action  of  damages  alleging  that  the
accident  had  occurred  by  the  fault  of  the  defendants,  owing  to  the  improper
construction  and  bad  order  of  the  track.
