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Tbii wm an noiion of dama^on, wherein the PlaintifT In the Court below sought to recover from the Re> ■pondenti JPIBO a» iiii dnmitKR unuwd by the Respondents' having, as he alleged, on the 10th and 17th June, 1856, by thomselvoR and jioriMMiN employed by them for that purpose, broke through and cut the PlaintifTs boon-, in the Biver Saint rrnnciN, nt Lennoxvlllc, in which he had confined and secured a large quantity of logs, and lumber, and alluwud the IMiiintifTi) logsto be diiftrd and carried down the river; whereby they became wholly lost to hitn, I'liiinlifl' niso claimed compensation for loss of profits which he would have gained upon lumber in hia liooiri belonging to third parties, which ho had contracted to saw, and which was also drifted down the river. To this claim DofendantN itet up m^veral grounds o( defence, alleging firstly, that the River Saint Francis, acrou which thn plnintitT's Ixxiin hnd bonn creeled, was a river navigable etjioltable, and consequently a high- way upon which the public had n right of passage at all times. That the plaintiff, in obstructing the free passage of the river, wus himiMilf it wrong door, and had no right to claim from Respondents compensation for loss resulting from his own illegal ads. That Plaintiff did not own the lands upon the banks of the riv- er to which his boom was nltni'hed, In addition to this, RuspMiiilents urged that the Plaintiff, who had constructed a small Steam Mill at Len- noxville, subsequent to lliii cintetion uf extensive works nt Brompton, by Respondents, and who had n small quantity of logs to bu riiDUglil down to liennuxvillc, for the purpose of availing himself of the labor of Res- pondents, rolled his logs into llin river some ten miles above Lcnnoxvillc, just before Respondents' logs, and compelled them, RtispuiMliinls, to tlrlrr them down to his boom at Lennoxville. That most of the Plain- tifTs logs came down with Bespondcnis' about the first of Juno, in a rfriVe under the charge of Lord, Defendants' foreman. Thiit on this occasion there was no difficulty between Plaintiff and Respondents. That on the 10th Juno, PlniiililF hnd only a very small quantity of spruce, hemlock or basswood logs (to which descriptions of timlMir it will Im^ observed Plaintiff*, in his declaration, limits his claim) mixed up with Respondents' logs. That on tlinl oeeiisiun, the' Respondents had under the charge of Richardson a large quantity of logs; the proportion of Ki'spondents' logs to PlaintifTs of all descriptions, including pine, being SO to 1. That tlio IsKim on the lOt'i was broken by the force of logs and not by Respondents. That on the 17th, the Plaintiff closnd up hisbiHiinnndnltliough notified by Lord, Respondents' foreman, tlut he was willing to assist him in aKNortiiig the lugs, iind although informed that unless ho opensd the boom, he, Lord, must open it himself, refused to allow TicspiindiMits' logs to imss, but claimed a right to detain them. That on this occasion, the wiiler was fulling, iind ttcspondonis' logs in great danger of being stopped, and the Respondents suffering groat loss, ns well from not getting down ilieir lumber as from the loss of time of n large number of men employed In ilriving siiid logs. In addition to this tlie Respondents pleaded the gen- eral issue. Upon this the ttarlies went to proof, and Respondents contend that they have sustained bv evi- dence, every allegation of llioir plens. They have proved the imlnre and deserilition of river upon which they are cliuigcd with having commit- ted the trespasses coniplailli'd of, That the river has b.mtfrom four-fifths to seven- eights of all PlnintilTs tiirdier wliifdi was put into tlic river, came down mixed widi Respondents' first drive under Lord, and wbieh is not eomplnined of. The Respondents further contend that it is distinctly shewn by their witnesses that Mr, (Mnrk the nnmdK'r of their firm who has charge of their operations in Canada, instructed his foreninn Kiehnrdsun, id use lo violence to the l)oom,und to avoid difliculty with the Plaintiff, and thoso connected with lilni, ( Viile Kichiirdson's evidence.) That no malico or any wrongful or tortious acts on the part of Responilenls or which wen- authorized by them were proved. That on neither occasion was anydiing more i\niw by Hi'spondeiits' men than under the circumstances they were entitled to do in or- der to preserve their r^mployer's iiroperly, nnd that Lord, nfler due notice and after a refusal on the part of Plainliif to open the boom, iillegiiig that he liiid a riglit to rclnin the logs, as is distinctly proved by Lord nnd Dyer, and not eonlradietrd, was jiisllfled in opening a passage for the logs of Respondents. Plaintitf failed to prove any right to the land upon the biuiks of the river where his boom is constructed, and it is slmwn by I'Inintill's williesseii, MS well as Respondents', that PliiinlifTs boom extended wholly across, and closed up passage of the river, at the time when the pretended trespasses arc alleged to have been commit- ted. The evidence is too voluiniiioui to refer to at any length, but tho Respondents would simply say that alt ■am ■ dwir witOMMt who had an opportunit? of teeing the boom and what aeeun«d on the 'lion Reapondentf leliod, and no attempt hai been .i-^u to impeach their •."lone complained of, agree in the main fiuita upon whiof evidence. With regard to the amount of damage luilhred hy Plaintiff, the Avidenoe wai lo incomplete and unaatii- ftusto*]r diat even if the Court below had been diapoaed, thny had no evidence upon which to have bawd their judgment in flivor of Plaintiff, or to determine the amount of auch iudginent. Tho only evidence of amount of damaoe adduced b)r Plaintiff was that of Smjrth and Caiter, and tiMir atatemont as to quantity of lojii carried oown the river on the occaaiona complained of it completely diaproved bv all of Respondents' wit- nesses, who show that a vt.ry small quantity of Plaintiff's logs, if any, passed down tho river on the 10th and 17th June, and that Smyth was altogether in error when he staled that mora of Plaintiff's logs came down the river in the Sind and Srd drives than before, and bin calculations founded upon the amount of lumber which was saved by Plaintiff, give no idea whatsoever of the amount which passed the boom on tho occi> iions com- {tlained of, because Heapondents have shown that Plaintiff's boom was dofoulivo in man^ respects, was bad- J situated, and logs were constantly rarried under bv the force of the current, that it broke on several ocoaaloas flrom the force of the logs, and was totally insufficient fertile purposes for which it was built. With regard to the claim aet up by Plaintiff for loss of profits which he would have made upon lumber he had oontwoted to saw, there is no speciilo allegation in hia declaration, either of the amount of the loss oo sus- tained by him, or of the parties with whom he had so contracted, and no legal proof of such contracts or Iota, and even if such allegation and proof had been made, the damage claimed for this cauwi is, Respon- dents contend, too remote, and cannot, in this form, be sustained. In conclusion. Respondents urge that their defence to the demand of Plaintiff was well sustained, both in law and by evidence, and they are con- fident that the radgnowit of the Couit below miut be confirmed. SANBORN & BROOKS, AUorneyt for Retpimdmti.