It was an obvious error on tbe part of the Judgo lo maintain that the driver should hare hugged the right side of the road, as he might meet another vehicle, or/d an accideafc happen in conce qnsnee of his being on the wrong side of tbe road. Hit Honor did not understand that there was »ny rule to compel a drive; to keep on any particular side of the road. Mr Fitzhorbort— Pocaibly not, but it was unfair to «ay a driver was incautious be came he did not keep on tho right side. Then again tho District Judge found that tho horses wore unaccustomed to the road, whioh bo submitted was not consistent with tbe evidence, as no evidenoe was givon respecting that point. With regard to tho finding about the lamps, Mr Fitzherbert alvo held that there was no evidence to show that if all the lamps had been lit any more light would havo been thrown ahead; the light would only be thrown as far as tbe hone's ears. His Honor— l understand driverj prefer not to havo lamps. Mr Fitzherbert said that was fi, and that lights wero roally to keep tbo people from running into them. The lights would not have enabled a driver to see what was in front of him. Bo then went through the evidence bes-ring on these points at some length, He submitted that it was not only necessary to show that the lights were not lit, bat that it was necessary to show that tbe aooident wbb caused by that negligence, and referred to several ca;es bearing on the point. He held that) tho plainLiff was not entitled to damages. No doubt the ciroum stanoei were vary unfortunate/ but it was really oaused by an unavoidable accident. There was absolutely no evideoce whatevor that the lights would have enabled the driver to tee in front of the borsos, and no nyidence that the horses wore unactmstonied to the road, and the inforenca of the Dis triofc Jndge that tho driver should have kept to the right Bide of the road was a wrong ono. Ha could not help coming to the con clusion that the Judge, actuatod partly by sympathy with the plaintiff, Murray, had awarded him. damages, wticli the circum stances of the case did not justify. 