Master and servant-Death of servant-Damages. Three thousand dollars damages were awarded by Mr. Justice Britton at Osgoode Hall to Mrs. Emma Moffatt, of Sarnia, widow of a Grand Trunk Railway conductor, who was killed while on duty owing to a collision between two freight trains near Kingscourt Junction in November last. The deceased was in the conductor's van of his train, which was stalled in consequence of the main line being blocked, when another freight train crashed into it from the rear. The widow of the deceased sued the company for $10,000 damages, obtaining $3,000 as stated. Moffatt v. Grand Trunk Railway.

Master and servant-Injury to servant-Appeal dismissed. Reference was made in the December, 1913, issue of the Labour Gazette to a judgment rendered in connection with an action brought by the plaintiff, Dementitch, against the North Dome Mining Company, for damages for injuries sustained by him while in the employ of the company. In the First Appellate Division of the Supreme Court of Ontario an appeal was made by the defendant from the judgment of Mr. Justice Latchford, awarding the plaintiff $3,250 and costs, and the former judgment was approved. Dementitch v. North Dome Mining Company.

SASKATCHEWAN CASES.

Master and servant-Injury to servant. A case of considerable interest to railway employees was finally disposed of at the recent sittings of the Appeal Court of Saskatchewan.

A brakeman, Harley D. Staats, of Sutherland, was run over by a yard engine in September, 1912, at the switch just west of the Canadian Pacific Railway station, in Saskatoon. The accident occurred about 10 p.m., and was caused, according to the findings of the jury, by the engine backing through the closed switch, and without any signal. Staats, immediately prior to the accident, had closed the switch after the engine had passed over it, and was standing between the rail examining the points, when, without warning, and without signal, the engine backed on him, knocking him down and cutting off his leg below the knee, his right heel, and all the fingers and part of the thumb of his right hand. Staats shouted when he was knocked down,

and the engineer, instead of ascertaining where the man was, reversed the engine and immediately went forward, causing further injuries to the brakeman, which consisted of a torn scalp and a dislocated and fractured shoulder. Staats put a claim in to the company, but failed to obtain sufficient compensation for his injuries, and an action was tried before a jury in June, 1913, who awarded him $15,000 general damages and $2,000 special damages. This is stated to be the largest amount that has been recovered by a railroad brakeman for injuries in the Dominion. The company appealed against the findings of the jury, but the appellant Court affirmed the verdict as to general damages, though it reduced the special damages from $2,000 to $932. Staats v. Canadian Pacific Railway.

Master and servant-Injury to servant-Employer's Liability. In the Supreme Court of Canada an appeal was heard from the judgment of the Court of Appeal for British Columbia, reversing the judgment rendered by Mr. Justice. Morrison at the trial on the findings of the jury in favour of the plaintiff, and dismissed the action with costs.

The plaintiff was an engineman in charge of a steamshovel in use by the defendants on works of construction on their line of railway, which was being removed under its own power from one part of the line to another. While the machinery was in motion he attempted to lubricate a portion of the gearing, which was uncovered and not protected by guard-rails. In doing this he entered a narrow passage in a stooping posture, and, in backing out from the lubricator, he was caught in the gearing and severely injured.

On the trial, evidence was adduced to shew that the plaintiff had been employed on the machine for a long time, that he was fully aware of the danger incurred in approaching the lubricator while the machinery was in action, that he had made no request to have it protected, and that he had carelessly gone into the dangerous position and assumed the risk, at a time when it was not necessary to do the work in which he was engaged at the time of the accident. Upon the answers returned by the jury, the trial Judge entered judgment in favour of the plaintiff for $5,000, the amount of the damages assessed by the jury. The Court of Appeal for British Columbia set aside the

In

trial judgment and dismissed the action with costs. the lower Court the defendants contended that the plaintiff had been guilty of contributory negligence, and that he knew and appreciated and voluntarily accepted the risk of performing the work in close proximity to the unguarded gear in which, in consequence of his own carelessness, he was injured.

The appeal was allowed and a new trial ordered. McPhee v. Esquimault and Nanaimo R. W. Co.

Master and servant-Injury to servant-Negligence— Employer's liability. In the British Columbia Court of Appeal an appeal was made by the Canadian Collieries, Limited, from the judgment of Mr. Justice Morrison in favour of the plaintiff upon a general verdict of the jury at the trial for $7,500 damages, in an action for damages for injuries sustained by the plaintiff while working for the de-. fendant company. Negligence was alleged on the part of the company. The plaintiff was injured in starting a pumping-engine in the course of his employment as "fire-boss" in the defendant's works. He brought an action to recover damages for his injuries, claiming both at common law and under the Employers' Liability Act. The jury found a general verdict in his favour, which the Court found was intended as a verdict upon the common law claim, because the damages found were much larger than the amount which could have been awarded under the Act. The Court held, with one of the Judges dissenting, that the pumping-engine, though not in efficient working order at the time of the injury to the plaintiff, which was owing to the neglect of the man in charge of it to pack it, was not in a defective condition, and the verdict at common law could not be sustained. It was also held that there should be a new trial, as the jury had not found what the damages under the Act should be. Shearer v. Canadian Collieries, Limited.

THE GERMAN MENACE.

A WARNING NOTE.

The National Review for June contains an article entitled "Germany and Ourselves," from the pen of Capt. Bertrand Stewart, who was for two years the inmate of a German prison, and writes from personal experience.

His trial and conviction, which raised a storm at the time, will be remembered by many.

"Let us," he writes, "understand Germany's position. "She has learnt that the policy of open hostility to England at all times does not pay, because it keeps us too much on the qui vive, and because it strengthens the hands of those who urge that full preparations should be made to meet any German act of aggression. Hence, a show of friendliness has been assumed in the hope that she may obtain concessions from us, and that the British nation, with its proverbially short memory, will be lulled into a feeling of false security. But what is really her present position as regards ourselves? There have been pleasant speeches by the German Ambassador. But has there been a reduction of one soldier or one sailor as a proof of this friendliness? On the contrary!

"If the change of attitude indicated a real change of feeling towards England, it should have been accompanied by at least a decrease in the German navy."

After dealing with the hunger for more land which the German Government do their utmost to foster amongst their people, and with the teaching of some of their leading writers that that land can be most easily obtained from us by war or threats of war, he adds: "But besides land and money there are things of at least equal value to our people which we should sacrifice were we to give Germany her longed-for opportunity. Those are freedom and the right to justice on all occasions." He then compares our system of justice with the German. Among many extraordinary details he tells us that a prisoner may be kept six months in a cell waiting for a "trial timed to suit the political exigencies of the moment. A penniless agent provocateur, the creature of the Government and already convicted of every sort of crime-may

try, but fail, to provoke the commission of some act against the law and yet be the only witness against the prisoner. This man's perjury, admitted in the secrecy of the magistrate's room-as the prosecution is careful to arrange counts for nothing. Then, worst of all, a prisoner may be tried behind closed doors despite all his protests; lying statements, which the prisoner is given no chance to deny in public, may be published for political purposes; and a judgment given absolutely contrary to the evidence and the admissions of the prosecution because it may be politically useful, or an agitation may be in progress for more ships."

"All this, according to their standard, is justice, and according to their view is right. Is this, and the Sabre law exemplified at Zabern, and the treatment of their conquered provinces, a system which the most callous amongst us would wish to see imposed on any of our people, whatever their race?

"We must realise that the preservation of the priceless blessings of freedom and justice depends on our keeping ourselves strong enough to prevent Germany defeating us and forcing her system and her 'justice' on our people.

"When Germany increases her armaments, we must do likewise. When Germany reduces her armaments, we can think of doing likewise, but not till then.

"Never must we by any show of friendliness or by any soft words, whoever may be the spokesman, be lulled into a feeling of security. The methods of the ruling class in Germany change, but behind it all, with their ever-increasing naval and military forces, they always pursue their unaltered aim. Co-operation throughout the Empire, real efficiency in all branches of our defensive services, and the readiness of everyone to take his share in the defence of the mother country and the great dominions can alone bring us security."