After hearing Mr. Priestwood, for the defence, and Mr. Badeley, Lordship, in giving his decision, observed that everything that could possibly be said on behalf of: plain-Gift had been said. He was not, satisfied that there had been any negligence on defendant's part, of that plaintiff's present state -of health was the direct consequence Jof what happened on May 1, 1923. Tt was most unfortunate that 20 much time was allowed to elapse before any claim was made, making it dificult to find out what really Fappened at the accident, and the real condition of plainti, After reviewing the evidence, his Lordship went on to say he could hardly hold that the opera~ tion of towing the motor-cycle was in itsel€ dangerous and therefore that the accident spoke for itself, failed to see that there was any evidence supporting the contention [that defendant drove the motor-ear {too fast. Plaintiff himself agreed to ride the motor cycle in tow. It was a very unfortunate accident for plaintiff, but his Lordship could not see that, this made the master responsible for damages. Even if negligence had been proved, there iwas the fact that plaintiff allowed whole year to pass without making the slight claim or the slightest jusgestion that defendant was responsible for the accident. There was nothing to show that the pleurisy from which plaintiff suffered 14 months after the accident was due to a broken collar bone, this complaint had now passed. It had been shown that the atrophied arm was due to want of use.
Criticism of the General Hospital "I was sorry to hear the suggestion which was made," his Lordship continued, "about the treatment this received at the General Hospital. Tt had never been suggested by plaintiff or by his counsel that that was the case. It came from a doctor and took everybody by surprise. There is no reason at all to think that this man's trouble been caused by bad treatment at the General Hospital. Tam sorry the suggestion was made. It is common knowledge that under the very best treatment some fractures do not unite as well as is hoped. This apparently was one of them. It is a matter of regret to me that the suggestion of bad treatment was. made. In all the circumstances, T jean not see any grounds upon which Plaintiff can recover any damages at all, and there must be judgment for defendant."
Text read from the printed page and cleaned; old type leaves the occasional error.