Sir Arther Channell:-

The respondent in this case was plaintiff in an action against the appellant company in the Superior Court of Quebec to recover damages for personal injuries sustained by him when travelling in a tramcar of the appellants' by a collision with another tramcar of the same company. The action was tried before a special jury, who gave a verdict for the plaintiff for 12,000 dollars on 12th December, 1912 and judgment was given for the plaintiff for that amount. The appellants on 10th January 1913, took proceedings to have the judgment set aside on the ground that the jury had not been duly constituted and was without jurisdiction, and also that one of the jurors was relative to and was connected by affinity with the plaintiff and was not indifferent between the parties and also that in the course of the trial communications in reference to the case passed between the plaintiff his relatives and those who were conducting his case and that juror and other jurors. At the trial there had been no challenge either to the array or to any individual juror.

These proceedings ultimately failed, and by a judgment of the Superior Court, sitting as Court of review in Montreal, th