Supreme Court of Canada
Bickford v. Hawkins, (1891) 19 S.C.R. 362
Date: 1891-06-22
Bickford;
and
Hawkins.
1891: February 6; 1891: June 22.
Appeal—Question of fact—Finding of trial judge—Interference with on appeal.
APPEAL from a decision of the Court of Appeal for Ontario affirming the judgment at the trial in favor of the plaintiff (respondent).
The action was for services performed by the plaintiff on the alleged retainer by the defendant to procure a subsidy from parliament and bonuses from the municipalities of Sarnia and Sombra for defendant’s railway.
The court held that the appeal should be dismissed the questions raised being entirely matters of fact, as to which the decision of the trial judge who saw and heard the witnesses, confirmed as it was by the Court of Appeal, should not be interfered with.
Appeal dismissed with costs.
Lash Q.C. for the appellant.
McCarthy Q.C. and Wilson Q.C. for the respondent.