. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. MONTREAL LAW BBWR1 >* ditch open, aud to pay oerUin charge connected there- ''That on the 9th January. 188^.Qie wapotident took the' pfeeent action lor |200 againrt appellant, alleging dam- age to bueinesB and health, by reaeon of the water which ^ waa pumped from the tannery after being used therein. «nd allowed to run into the said ditch or drain. ^ That on trial the said action was dismissed by the Court of arst instance; but on revision this judgmeiit was reversed, and the piid judgment appeal
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. MONTREAL LAW BBWR1 >* ditch open, aud to pay oerUin charge connected there- ''That on the 9th January. 188^.Qie wapotident took the' pfeeent action lor |200 againrt appellant, alleging dam- age to bueinesB and health, by reaeon of the water which ^ waa pumped from the tannery after being used therein. «nd allowed to run into the said ditch or drain. ^ That on trial the said action was dismissed by the Court of arst instance; but on revision this judgmeiit was reversed, and the piid judgment appealed from reil- The appellant complained of the judgment for the fol- lowing among other reaaons : (1). Because, by the evidence adduced, the respondent hw wholly failed to prbve the allegations of his declaiii- tion. or to make out any case that would justify th» said judgment in review. v ,. ., ... (2). Because it does not appear from the evidence, that the respondent ever suflFered any damage to his business or health, or in any manner whatsoever, or that there was any real cause of actional \ 1-' . \^ i\ m. Because the allegations of appellant's pleas aw Well founded, and fully established by the prgof adduced. (4) Because ihere is error in the said judgment in re- view", inasmuch as by proof of record, the said covered drain from the tannery to respondent's, referred torn said iudgment, was constructed under a bylaw of the council of the municipality, by a committee formed for that pur- pose under the direction anA^ supervision of an officer ot the said council, and not VW""^* « erroneously ad- jndicated. , m * .. (6). Because theria is io proof of record i^ JPP«â¢' made the said covered drain, or in any matfiier desitid to use the same; but on the contrary there, is proof of record that the said drain was made by the said committee, and that the respondent was a member thereof, actively urg- ing and supervising the construction and location of th
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