Name/Title
Trial proceedingsEntry/Object ID
2018.20.31Scope and Content
Paper booklet with over 60 pages detailing legal proceedings regarding Killough vs Ramsay
Transcription follows:
KELLOUGH vs RAMSAY
INDEX
Statement of Claim
Statement of Defence
Reply
Examination for Discovery of Elisabeth Kellough . Examination for Discovery of James Kellough . - . Examination for Discovery of Robert W. Young . . . Defendants Affidavit on Production
Notice of Accident
Minutes of Defendant concretion (extracts) . . . statement of Albert Giles .
statement of Peter Campbell
Statement of Robart W. Young
Statement of James Syne . .
statement of John R. James .
statement of W. R.. Robertson ....
statement of G. A. Murphy
Statement of Ben Clifford .
Statement of Peter Syme .
IN THE SUPREME COURT OF ONTARIO
WRIT Issued 16th January I9I8.
Between ELIZABETH KELLOUGH
and
JAM ES KELLOUGH Plaintiffs
and.
CORPORATION OF THE TOWNSHIP OF RAMSAY:
Defendant
Statement of Claims
1. The Plaintiff Elizabeth Kellough is the wife of the Plaintiff james Kellough and the Plaintiff Jam s Kellough Is a mechanic. The Plaintiffs reside at the village of Rosebank in the county of Lanark.
2. The Defendant Is a municipal corporation within the Provisions of the statute In that behalf.
3. On or about the 18th day of October 1917, the said Plaintiff Elizabeth Kellough while walking u on a foot walk or sidewalk on a certain public highway or road allowance within the limits of the Township of Ramsay being the Defendant corporation, such public road or highway being known as Mill Street in the Village of Rosebank, and while so engaged ano lawfully walking upon the said foot walk or sidewalk upon waid road or highway was tripped and violently thrown by a loose plank In said foot walk or sidewalk and suffered serious injury.
On or about the said 18th day of October 1917. being the time hereinbefore referred to. the said foot walk or sidewalk on said public road or highway before described within the Corporation of the Township of Ramsay was not in proper condition -Of -their on the other hand as in a condition of non-repair and Defendant was at that time and theretofore guilty of default. in Keeping said foot walk or sidewalk in repair enc by reason of said nonrepair the injury and loss and damage complained of
A. NO.
Was It lighted when you loft Mr. Lesways?
Yes.
Why was it It not lighted at the time of the accident?
The storm and the wind blew it out, that is why.
Did you wake any attempts to light It again?
Mr.Giles said he would light it for me , but I said I thought it would blow out again and he sale he thought it would too, it was so windy.
You have stated that you were talking In a south westerly direction at the time of the accident, ana which side was the road.on?
The left side.
That would be to the east of you?
Yes, I guess so.
What, was your position on the side wall
immediately prior to the happening or the accident, I mean were you in the centre, right or left side?
A. I Guess I would be a little to the left going down the plank.
41. Q. Mostly before the accident happened you were overtaken by MR. Albert Giles
A. Yes.
42. Q. He took a basket you were carrying and walked a little distance ahead of you?
A. Yea.
Q. How far ahead of you was he when the accident happened?
A. I think it was a good piece, he was going to step into the store when the accident happened Q. You say he was at Murphy's store?
A. At Murphy's store when I fell.
Q. Were you conversing with Mr. Giles when the
accident happened?
A. Not a word, I never opened my mouth.
Q. How rapidly were you walking at the time of the
35. Q.
A.
36. Q.
A.
37. Q.
A .
33. q.
A.
39. Q.
A.
40. Q.
[Illegible
text]
Smith Est-
On left of {}
43.
44.
45.
[illegible]
46.
accident
A. Just my usual walk?
47. Q. Were you going rapidly or slowly? Were you walking quickly?
A. Just ay usual walk
48. Q. What Is your usual walk Fest or slow?
A. Well. I never walk very slowly but I don't
think 1 walk. fast, they are always laughing at me
for walking slow.
49. Q. You say your usual walk is a rapid one?
A. my usual walk is not fast.
50. Q. Now tell me in detail what took place at the time of the accident?
A. Well I just caught my foot on the end of the walk, it tipped up and I caught the other toe in
the edge and away I went. ......
51 .Q. How do you know your toe caught in the edge of the plank?
A. Well I know. when I caught it It threw
me right over.
54 Q. You did not sea the plank coming up?
A. No but I felt it.
55. Q Where did you feel it ?
A I felt the plank hitting my foot.
56. Q There?
A. When I put this foot down it caught the edge
of the plank and tipped me right over.
57. Q. Which foot was it that raised the plank?
58. Q.
A. The left foot
59. Q.
It just tipped it up when the right foot caught in the raised plank and threw you overt
A Yes.
Where did you fall? When you struck the ground
where were you.
It was a kind of a grassy place. where I fell.
60. Q. in what position did you fall?
A. WELL I think I roll on to left side.
61. Q Where were your feet in relation to the
position or the sidewalk? That direction rare
your feet?
A They were right near the edge of the plank when
I want to got up.
62. Q. After you foil over and were lying on the grassy
Place what was the position of your feet, where was your head? Was it near the roadway?
A. no, not near the roadway, going into the store.
You near, the [illegible] When 1 felt my feet
were that way, it would on toward the road.
You would be lying in a position approximately at right angles to the side walk on the north west
side of Mill Street with your feet near the side
walk and your head away from it?
A. Yes.
64. Q. were you able to get up without assistance?
A. not on the plank.
65. were you able to move?
A.
[illegible text]
66.. Q.
Well, I dragged myself to the edge of the plank and stood there but I could not get up. I knew my leg was broken.
And you remained there until Mr. Giles picked you
up
A. Mr. Giles picked me up. I called him.
67. Q. what distance were your foot from the sidewalk? at the time you fell after you had struck the ground?
A. I don't know as i could say.
68. Q. About how far? Did you have any conversation with
63. Q.
Mr. Giles when he was assisting you up on to your feet?
A. He oust said will I help you up ana I said yes help me up, and he helped me up and told me to stand there and he would help me.
69. Q. Did you tell Mr. Giles that you had fell off the Sidewalk? and broke your leg?
A. No if I told him anything I said it was broke for I Knew it was boke. but Mr. Giles is so deaf I had a job to get him - -
70. Q. what became of the things you were carrying when you fell?
A. well. Mr. Giles went over ana picked some of then up.
71 . Q. Where was the umbrella lying?
A. I don't know.
72. Q . You know where the pail umbrella or lantern were lying?
A The pall was near so.
73. Q. How near you?
A. It was that near that I got it myself.
74. Q. The pail was lying beside you?
A. Yes all he had to get was the...
75. Q. ths contents of the pall spilt?
A. Yes.
76. 4. While you were walking did you hold on to thia pail?
A. I guess I hung onto the pail but I did not hold
onto what was in it.
77. Q. isus the umbrella injured in any way?
A. Yes one or two rods sere broken and the lantern was
78. Q. What took place after Mr. Giles picked you up?
A. I Just stood and he went in and light the lantern and led. me hone.
79. Q. were you in front of the store?
A. I stood at the front of the store until Mr. Giles vent in and light the lantern.?
A. Did Mr. Giles accompany you home?
A. Yes.
Q-. Went into your home?
A. Yes.
q. On. entering your house did you tell your husband that you had fallen off the walk?
A. NO sir, I told him my leg was broke whenever
entered for the bones seeaed to be just - - Q. Did you tell him what was the cause of the accident?
A. I don't Know whether 1 just told hla that minute but I told him. what caused it, that it was the plank was ths cause of it.
Q. tell mee exactly what injuries you sustained as a result of this accident. Tell me what damage was done to your foot?
A. It was broke, two small bones and a slice off the big ankle bone.
Q. TWO small bones were broken on the inside of the foot?
4. yes.
Q. Another piece off the big bone on the outside of the foot?
A. Yes, and there is a big Swelling there.
Q. When did you first examine the foot after the accident?
A. Just ss soon as I got hone. I fell on ay shoulder and it is sore, very sore, yet, I cannot put on my dresses or coats or anything. Q You stated that you examined your foot as soon as you got home. What did you find, what indications of injury did you find?
A. It was so much swollen, you know that it looked as if it could not be fixed for a while. Janes phoned for a Dr., and he said why it Is broken ana I said it was broken from the first.
Q. were there any marks??
A. Black marks on the inside of my foot.
Q. Any other marks?
A. Well It turned so black after when It was bathed it turned black all over.
Q. Were there any other narks on your body?
A. on left shoulder it was all black. I cannot lie with tire pain of it at night yet.
Q. When was the Dr. called. in?
A. They [illegible word] the forenoon of the day following the accident.
Q. Who was the Dr.?
A. Dr Dunn,
Q. Did you consult any other Dr. professionally?
in regard to this injury?
A. NO.
95. Q What treatment did Dr. 'Dunn give?
A. He put it in cold cloths first and then he put it in Plaster pans.
96. Q. When was it put in plaster parts?
A . It was the 8th or 9th day before he could put It in plaster Paris.
97. eight or nine days before the accident the a
foot in plaster peris case?
A. Yes.
98. Q. Then, was the plaster cast removed?
A. I could not tell you* Junes could tell you how many weeks I think it was seven weeks.
99. Q. were you confined to bed?
A. I never was out of bad for nine weeks.
100. Q. how often did the Dr. come to see you?
A. every day.
10I. Q. for how long?
A. all the time I was in bed. He did not come so often when I got up. to sit up.
102. Q; What was your of health. prior to the happening of the accident?
A. The best of health.
103. Q. whet is your age Mrs . Kellough??
sixty years Saturday.
Q Can you give your weight ?
A. No I cannot do that. I haven't got weighed for a while.
Q. What work were you engaged in prior to the happening of the accident?
A. I was feeding chickens, feeding pigs and doing all the work around the place as veil as doing the work around, the house.
Q. Around your own house?
A. Around ay own hone.
Q. Those chickens and pigs were your own, I suppose! A. My own chickens and pigs.
Q. How long is it since you wore able to leave your house?
A. Well, I cannot tell you how long It is since james took me in the buggy up to Carleton Place to my sisters, I was six norths never outside the door, and he seventh he drove me UP to Carleton Place.
Q. Were you not able to go out before that?
A. No sir.
Q. ARE you feeding '.he pigs one hens now?
A. No sir, can't co xxxxxxx nothing. I have to be helped to do anything now.
Q. since the happening of the accident what help have you had in the performance of the duties around your place?
A. I had a woman to wash. I had a woman to come and sponge bath me. and attend to me, and i kept Mr. Kellough right there all the time, and that kept Mr. Kellough out of work, I could not do anything.
Q. Who was the who came to wash for you?
A. Mrs Leskay, she came and took the clothes and washed them all.
Q. now often has she done the household washing?
A. Every two weeks.?
Q. Is she doing it now
A. No, Janes Is doing It.
Q. how many times did Mrs. Lesway do the washing and ironing for you?
A. I Oust think I did; tell you, every two weeks for nine weeks.
Q. That would be four or rive times?
A. Yes.
Q. Did you pay Mrs. Lesway anything?
A . Yes.
Q. How much?
A. 1.25 each time
Q. Each time?
A. Yes.
Q. Who was it that gave you the baths?
A. Mrs McGill.
Q. Mrs. David .McGill
A. Yes.
Q. How many times did McGill give you baths? A. Once a reek.
Q. Once a week for how many weeks ?
A. For nine weeks.
Q. Did you pay Mrs. McGill anything?
A. Yes.
Q How Much
AI cannot just know how much sh got
Q about how much ? How much did you pay her?
A. I gave her fifty cents for the bath and then she took home the clothes on my bed and washed them end ironed them, besides Mrs. Lesways washing, and she got Fifty cents for that each time.
Q. Mrs. McGill, 1 understand you to say, performed these duties once a for nine weeks?
A. Yes.
Q. Did you get any other help ?
A. The washing and the baths, I think that was all
Q. Do you suffer now?
A. Intense pain. I never slept on wink last night.
Q. Are you suffering now?
A, Yes, a burning pain all the time.
131. Q. A burning pain all the time, where is this burning pain?
A. In the angle sone.
132. Q. . are you suffering any other way?
A. I cannot lie on lay shoulder for the pain of it.
133. q. Did any doctor examine your shoulder?
1 toll the Dr. about it and. he said it would
134. Q 'How many people reside in that part of the Township of Ramsay known as the Village of Rosebank?
A. in the village
135. Q. How, Many people live there?
A. I don't knot.
136. Q. Is there such traffic? ARE there many people pass over that portion of the sidewalk in a day?
A. I don't think there would be be very many in a day
137 o Qo How long have you lived in Rosebank?
A. I don't know
138. How far do you reside from the place of the accident?
A. I don't know. There would be no use my saying
139. Q. Would it be 500 or 600 feet?
A. I dont know-. There would be no use my saying.
140.| Q. Do you frequently pass over the place where the accident happened?
A. yes.
141 Q. How many times a day?
A. Twice usually, I go up to Mrs. Lesways for
my milk and home again.
Q YOU stated that prior to the accident you knew the walk was defective?
I know the planks were loose.
I43 Q. Knowing that why didn't you use the road??
A. Too much mud, I suppose
5. on or about the sale. 18th day of October, 1917, and prior thereto, the said foot walk or side walk on the said public road or highway hereinbefore referred to* was out of repair end was not in a proper condition for travel with safety as the said Defendant was well aware.
6. In consequence of the non-repair of the said root
walk on sidewalk on said public road or highway hereinbefore referred to the Plaintiff Elizabeth Kellough was thrown and had her leg broken and was otherwise seriously injured and has been obliged to occur expense and has suffered damage and loss and has incurred heavy outlay for surgical medical and other attendance.
7. The Plaintiff James Kellough in consequence or the injury to the Plaintiff Elizabeth Kellough. his wife has sustained loss ana damage and will continue to sustain loss and damage.
8. By reason of the default and omissions of the Defendant corporation, the Plaintiffs have sustained loss add damage hereinbefore referred to ana rill continue to sustain farther loss and damage, the injury to the Plaintiff Elizabeth Kellouh being to a large extent of a permanent character.
9. The Defendant received usual an< proper notices from ana on behalf of the Plaintiffs prior to the commencement of this action.
10. The accident and injury to the Plaintiffs arose ana was caused by the carelessness ana neglect oi the Defendant corporation in allowing the said foot talk or sidewalk on the sale public raod or highway to be and remail out of repair.
The Plaintiff Elizabeth Kellough claims
I. The sur. of $IOOO.OO damages
And the Plaintiff Janes Kellough claims
1. The SUM. $500.00
The Plaintiffs claim such further and other relief and Judgment in the premises as to this Honourable court?
when I was in bed, ana zy husband off WOFK, and everything, it would come to that and more
154. Q. Wull now just give me particulars of what
you lost.
A. Keeping ay husband from work , that was a lot of work lost. 1 couldn't give the items.
155. Q. What is the amount of the Doctors bill?
A. The first time he said It would be $50.00
I have not asked him lately.
156. Q. Have you tv id this bill?
A. No sir.
Q. Did you incur any other depts or obligations as a result of the accident apart from that of the Doctor and Mrs. McGill and Mrs. Lesway?
A. Mrs. Findlay came and took a couple of washings home and did them.
Q. How much did you pay her.
A. The same as the other.
Q. That is all?
A. That is all.
160. Q. "Do you carry any insurance against accidents?
A. No Insurance.
161. Q. What is your husband's occupation?
A. He is A laborer.
162. Q. Was his health before the happening of
the accident?
A. Yes.
I63. Q. I suppose he still is in good health?
A. Yss.
164. Q. Was he working at the time of the accident?
A. yes, with Mr. MicGill o
I65. Q. What was the nature of the work.
A. digging potatoes and cutting corn
166. Q. what is the christen name of Mr. McGill
Mr. Kellough was working with ? / you know.
A. Mr. John and Mr. tom, the boy and the father
167. Q. What wages was he receiving?
A. he was getting $2.25 a day and his meals.?
163 Q. How long had he been working, with the McGills prior to the accident?
A. How long beforethat?
169. Q Yes.
A. He was three days there when the accident happened.
170. Q. Old he continue working with them after the accident?
177
Q. Is he still holding down thot position?
A. With the help Mr. Snedden gives him. He helps him, if he cannot go, he lights the fire and puts out the lights for him.
178 Q. What Mr. Snedden?
A. Mr. Willie Snedden?
179. Q. did you give your husband to act for you in connection with your claim?
A. I guv? him authority to put In a claim.
180. Q. I have him any authority to accept or offer to
accept settlement?
A. I don't know much about it --
181. Q. Did you give your husband authority to
settle your claim. for you?
A. Well I supposed I did
182. Is your answer yes?
A. yses
183. Q. is there anything else relating to this accident that you have not told met
A. I cannot think of anything.
I84. Q. You have made a full disclosure of your case?
A. Yes.
This is to certify that the within typewritten documents is a true transcript of my shorthand notes herein.
Dated at Almonte. this 29th day of April, 1918.
[Handwritten notes, illegible]
IN THE SUPREME COURT 07 ONTARIO
Between
ELIZABETH KZLLOUGH and JAMES KELLOUGH
Plaintiffs
and
THE COLORATION 07 THE TOWNSKIP 07 RAMSAY
Defendant.
The examination of Janes Kellough, one of the Plaintiff a herein taken before me Joseph T. Kirkland, special Examiner, on Monday the 29th day of April*. 1913.
Examination taken in shorthand by Birdie R. McGullouh a stenographer duly approved end sworn for that purpose.
Present : Mr. w. H. Stafford for the plaintiff and
Mr. P. A. Greig for the Defendant.
Mr. Janes Kellough being duly sworn deposeth as follows:-
1. . Q. You are one of the Plaintiffs in this action*. Mr. Kellough t A.- Yes.
2. Q. Your object in bringing this action is to recover damages from the Defendant corporation for Carnages because of an accident alleged to have happened to your wife?
A- Yes, sir.
3. Q. What is your occupation ? A. I an a labourer. I have been at different dobs.
4. . Q. You now reside in the village of Rosebank ?
A. Yea,
Q. HOW long have you reside; there ?
A. Eighteen years this September or nineteen years this September,. I don't know which, eighteen I think.
6. Q. Whet street m Rosebank do you live on ?
A. Mill street.?
7.Q.Do you Know the place where the accident happened ?
A. I do.
8 Q. Were was It ? A. close on 40 feet from the east end of the plank.
9. Q. Did you erasure it t A. I stepped it, and I would judge 40 feet, somewhere around that, I didn't take a ruler to measure it, but it Is somewhere about that, I think.
10. Q. HOW far would the place of the accident be from the Western corner of Mill street and the Street going up to the Presbyterian Church ? A., HOW far from the corner of the Street.
11. Q. Yes. A. I couldn't say.
12. Q. Approximately.. A. Somewhere from eight or ten feet, that neighborhood. I think.
13 Q. How do you know where the accident happened ?
A. Well I know by Mrs Kellough telling me when she came
home where she got up and when I got her sett led I went back and got two loose planks as far as I could judge from the place where she fell.
from tho place where she fell.
14. Q. What two loose planks ? A,, the two loose planks
that are replaced now by two pieces two by four (2X4)
In their places.
A. Yes.
I9 Q. HOW far is the place where the accident happen
from your home ?
A. That is something I couldn't answer.
20. Q. Gan you give ®e the approximate distance T A. I could make a rambling statement,. nut hot near It would to to it, Mr. Greig, I couldn't say. X Eight be away off.
21. Q. were you present when your wife returned hone £ after the accidento
A. I was.
22. Q. What took place ?
A. Then she game to the door she cried that she had got her leg broken, and I was sitting reading the paper. I dumped threw the paper down and went to the door*, and I said where did all this happen. She said in a loose plank up above the store.
23. Q. Did she tell you she had walked off the sidewalk? A. she told me as I stated to you before that the loose plank had upset her off the plank.
24-. Q. she did not tell you she had fallen off the sidewalk ?
A. she just sold the loose plank had upset her off the plank, that is all she said.
2$. Q. what condition of health was your wife In before the accident,
A. The bet of health.
26. Q. I mean after the accident ?
A. She was in agony all night after ?
Q. Did you examine your wife's foot ?
A. I certainly did. I got off her boot and stocking as fast as I could and after I got her on to the lounge or sofa - -
27. Q. That was the condition of the foot ?
A. The foot was swollen considerably and so was
the ankle, and I started with the cold water to
bathe it for quite a while,, and then I tried hot
Water and than I got some vinegar and in the morning I
went to a neighbor AND got some linament, and . then I phoned
the Doctor-
28. Q. Where there any marks ?
29. A- Discoloring across the front of the foot.
30. Q. Anything else, any other marks ?
A. All that Ian aware of.
Q. How long was your wife confined to bed after the accident ?
A. She was confined to the bed for two months.
32. Q. DO you Know how often the Doctor case to see your wife..
A. NO sir I do not.
33. Q. when was your wife able to leave the house ?
A. In March or in April.
34. What work did your wife do prior to the accident?
A. Anything around the house, stable, garden. hen house and all the work in the house, she did every-thing,. as good as a man nearly.
35 Q. Is your wife attending to these duties now ?
A. No sir, I am and have been since the accident, except when a good neighbor comas in to let me sway for a day.
36. Q. Prior to the happening of the accident did you not do any work in the garner. ?
A. I certainly did.
37.q.Did you help with the looking after the hens and pig s ? A. Whenever X was there X helped with all these.
38. Q. DO you know how many people live in Rosebank, about how many ?
A. I could, count them.
39. Q. Would. there be 73.
I didn't think so, I don't thin there would be more than 50, about 50 between 50 and 60.
40. Q. You visited the scene of the accident the night it happened ?
A. Yes.
41. Q. Did you throw any planks or plank out of the walk on that evening?
A. I did not.
42. Q. Did you tell any person that after things had quieted down afte the accident you visited the scene of the accident and removed some planks ?
A. No Sir. I said after I got my wife settled, I visited the scene of the accident, I say so still.
43, Q. was there any reference to this in conversation ?
A, NO
44, Q. were you in the habit of taking planks out ?
A, No.
45. Q. did you ever take any planks out ?
A,- Yes, but not in the habit though.
46. Q. DO you know anything about the condition of the walk prior to the happening of the accident ?
A. Yes, there has been loose planks there for con-siderable time before the accident.
47. Q. how long ?
A, Two weeks anyway, I don't know how much longer.
48. Q, Were there any other defects ?
A. there was, Nalls sticking up two or three inches, holes In the plank.
49. Q. Did you throw out any of these loose planks ?
A.. NO.
50. Q. did you state to Robert Young that whenever you found loose plank, you. Threw .it out ?
A. I told him I would.
51. Q. That wasn't my question
A. well no. I didn't tell him that I threw them out , Robert Young and I have not been talking much xxx since the accident.
52. Q. DID you notify any person of these defects which you state that you knew of ?
A. No.
53. Q. why didn't you ?
A. I didn't consider it any of my business.
54. Q, were any repairs done to the walk on Mill street In 19I7 ?
A. Yes.
55. Q. What was the extent of the repairs ?
A, Oh, I don't Know.
56. Q. whet was the. nature, of the repairs ?
A. Some plank put in, sone fixing done at the bridge, some more done between the west and to the east ana of the store, I don't Know how much.
57.Q. HOW much damages do you clam from the Defendant ?
A. For myself,
58.Q. Yes.
A. well I think I am entitled to $ 500. or $ 600.
59. Q. How do you make that out ?
A. Well the disappointments we have been at and the disappointments we are going to be at. I consider Mrs. Kellough is practically laid off. .
60.Q. I refer to your own claim.
A. I referred, that is why.
61.Q. what is the nature of your claim ?
A. I have had to be around the place since the accident and I have to be there all the time to do the things she did and I am going to be in the same box for considerable tine in the future, I don't know how long. My work is not done around the village. It is not owkr that I could be home three times a day to look after things, if it was I would be a different thing.
62 Q. Have you made any disburseaents as a result of the accident ?
A. Nothing.
Q. Have you paid anything out ?
A, I have paid no bills, I have got no bills, nor paid nothing.
63. Q. Do you know the names of any person you owe ?
A. Certainly., The Dr., I owe some drug bills. 1 owe my neighbors, I have some things to pay them for.
65. Q. Do you know how much you owe the Dr. ?
A. I don't he isn't through with it yet.
66. Q. Who else did you say ?
A. I have some little dealings with the neighbors.
67. Q. I suppose your health is good?
A. yes
68. Q. Physically fit ?
A. yes.
69. Q. Have you none any work outside the work around your home since the accident ?
A. Yes I pressed hay for one day for George Grsham Mr. Merilees looked after my stock.
70 Q. what does your stock consist of ?
A. fowl, pigs,
71 Q. HOW many fowl ?
A. I have 70.
73 q. how Many pigs ?
A. I have just two now, I had 14 until a few days ago.
74. Q. Anything else, any other stock ?
A. I have a horse.
7M. Q. Since the accident have you worked with any other person ?
A. No sir.
75. Q. Who were' you working with.prior to the accident?
A. Thomas McGill.
76. Q. How long were you-working with him prior to the accident?
A. A few days.
77. Q. HOW many ?
A. Two or three.
78. Q. HOW such was Mr. McGill paying you for your services ?
A. $ 2.00 a day.
79. Q. Prior to that with whom had. you. worked ?
A- I had worked with the section, until the extra
may seem proper.
To be paid their costs of this section.
The Plaintiffs propose that this action should be tried at the Torn of Perth in the county of Lanark..
Delivered this 21st cay of February, 1918, by William H. Stafford of the Town of Almonte In the county of Lanark, Solicitor for the Plaintiffs.
men were let off I was the first to go.
80. Q. HOW long did yon work with the Section ?
A. Four and a half months, I think.
81. Q. were you working with any other person during .,
the year 1917
A. no.
82.Q. Did you make an offer to the Reeve or one or more
members of the council or the Defendant Corporation
to settle your claim and your wife's claim for $200.
A. I talked It over with them in the Davis House one night.
83. Q. Did you sake a Statement to the Reeve or any
member of the kftfanxKxx council of the Defendant
Corporation to that effect ?
A.. No sir, I didn't.
84. Q. Did you make an offer to any one or more of the
members of the Defendant corporation to accept
$200. in settlement of your claim ?
A. No Sir.
85. Q. Did you make any statement to that effect ?
A. No.
86. Q..Now do you know or have your heard of anything in connection with this accident, or relating to this accident which you have not told as ?
A. NO.
87" Q. You have made a full disclosure of your case and everything you know.
A.. Yes..
IN THE 8UPREME COURT OF ONTARIO
Between
ELIZABETH Kellough And JAMES KELLOUGH
Plaintiffs
- and -
THE CORPORATION OF THS TOWNSHIP OP RAMSAY
Defendant.
The examination of Robert W. Young, a member of the Council of the Defendant corporation of the Township of Ramsay, herein, taken before me Joseph T. Kirkland, Special examinar, on Monday the 2$th day of April, I918.
Examination taken in short hand by Birdie R. McGulloch, astenographer duly approved and sworn for that purpose.
Present : Mr. ... [truncated due to length]Collection
Textile Industry, HistoryCataloged By
Whit, ElizabethArchive Details
Creator
Greig & Greig SolicitorsLocation
Location
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Archive Box 3Shelf
1Cabinet
Archive CupboardRoom
Collections RoomBuilding
M.V.T.M.Category
PermanentDate
November 7, 2023Relationships
Related Person or Organization
Person or Organization
Greig & Greig SolicitorsGeneral Notes
Note
Status: OK
Status By: MacMillan, Lindsay
Status Date: 2020-11-26Created By
admin@catalogit.appCreate Date
June 23, 2019Updated By
admin@catalogit.appUpdate Date
November 11, 2023
