Lord Wright-

In this case the respondent who was plaintiff in the action was awarded by a jury the sum of $11,15825 as damages for personal injuries sustained by him by reason of the negligence of the appellants who were owners of the motor omnibus which caused the injuries. The judgment for these damages was upheld by a majority of the Court of appeal for Manitoba and that judgment was affirmed by the Supreme Court of Canada. The appellants by this appeal are raising questions on the construction of certain sections of the Act in force at all material times, the Manitoba Motor Vehicles Act. The material section is S. 62 which is in the following terms :

“When any loss, damage or injury is caused to any person by a motor vehicle the onus of proof that such loss, damage or injury did not arise through the negligence or improper conduct of the owner or driver of the motor vehicle, and that the same had not been operated at a rate of speed greater than was reasonable and proper, having regard to the traffic and use of the highway or place where the accident happened or so as to endanger or be likely to endanger the life or limb of any person or the safety of any property shall be upon t