. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. A 9—OOUBT OF queen's > 2^9 1^ thesaia Hiss and those derive4 nnder the a^ements ^made with the said railway companies from 1881 to 1886 "when the Canadian Pacific Railway Company, which before the agreement of the. 17th of August, 188^; had obtained a charter, authorising them to estal^lish tele- graphic communications alo^g their lines of railway for the use of the public, having by lease, purchase and . otherwise obtained the cdntrol of the railways referred torn the agreemenl of the
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. A 9—OOUBT OF queen's > 2^9 1^ thesaia Hiss and those derive4 nnder the a^ements ^made with the said railway companies from 1881 to 1886 "when the Canadian Pacific Railway Company, which before the agreement of the. 17th of August, 188^; had obtained a charter, authorising them to estal^lish tele- graphic communications alo^g their lines of railway for the use of the public, having by lease, purchase and . otherwise obtained the cdntrol of the railways referred torn the agreemenl of the 17th of August, 1881, began to operate for the use of the public, telegraph lines atonff the said railways, whereby the business of the appel- lants was&juriously affected. The appellants continued h(,wever to pay. to the respondents, but under protest, the quartei-ly payments mentioned in the agreement of the 17th of August, 1881, uiiHl 1889, when'they instituted their action by which they, claimed that the amount they agreed to pay to the respondents by the agreement of the 17th of August, 1881. should be reduced by |40,000 ' per annum, and also to be reimbursed a ^m' of'|8p,000, _whichthey had paid under protest^dttring the preceding I aghteeiimonth<«K Later, the.^|ipi^Kr*ftt% by an incidental demand, claimed a further 1^ed^ctiou^ of $40,000 per an- num, on the amounl payable to theWsponjieiits under the agreement of the 17th of August, 1881. ^^^y consent the pleadiags and evidence were. couj||fiered| as' Applying' [r»4o both the principal aid th«ind5iii|al demands. ' ' The action was in^titut^d undefth^ sumAary proceed- mgs provided bj^irticle 88iF;^tt!..C!.P., as arising 6ut of t^ relations between landlord 4ud teuaft. To this the res- pondents obje^ by a preliminary pl«a which was dis-' missed. Th^BBieu, without waivef/ol tlreir^xception^' to the jpdgment,, pleaded to the merits of |he demand by deuyiiig the allegati9n8 of the declaration and by aHeg- mg the
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