TPIIS IXA.Y. Saturday, July 14.— Before Hia Honor Mr Distriot Judge Rawson. W. F. HOSKIN V T. BAYLY. Judgment was given in this ense as follows :—ln: — In this case defendant under took for reward to thresh out corn, by means of a steam threshing machine from plaintiff's stacks. The otoam engine was entirely under the control and management of defendant's servants, but plaintiff was to supply the fuel. The engine had not a spark catcher or any such contrivance to arrest sparks. It is proved that a spark from the steam engine, whilst it is working, set fire to and consumed the plaintiff's stocks. Now the law has been settled by numerous cases, to be that if a person neglects to avail himself of all suoh contrivances as are in known , practical übq to prevent the emission of sparks from his engine, he will be ' responsible for Buch neglect. Tbe main defence, however,' is that plaintiff was guilty of contributor; negligence in dupplyiny resiay pine for the furnace a wood peculiarly liable to emit sparks.' Now, although, it is a general proposition that the plaintiff cannot recover ill he has been guilty of negligence, or want of ordinary care, contributing to the injury, yet it is equally as well settled that this proposition must be qualified by another proposition, namely, that though the plaintiff may himself have been guilty of negligence, and though such evidence may have in fact contributed to the accident, yet if. the defendant could in the result, by the exercise of due care and diligence, have avoided the mischief, the plaintiff's negligence does nol excuse him (the defendant). Now, I fiad that a spark' catcher was the proximate cause of the loss. It is ' sought to show by eviience that a spark catcher is useless whero wool or light coal is used. No doubt a spark catcher thai would not seriously interfere with the draught doe& allow a number of small sparks to pass through, but common sonss wouli show that a Bpark catcher must be some protection, for how could a piece of burning matter of more than a quarter-inch diameter, get through <x perforation of \ iuch. Not withstanding what,some of tue witnesses, With their limited experience, may Bay, a spark catcher is a contrivance ia known practica' usty and prevents or minimises the dimmer from sparks. 