ROSIB Y. BAIN AND OTHERS. On the previous day the plaintiff's case was closed. Mr. Wynn opened defendant!' case. He laid it now became, his duty shortly to open the oase to them which he would put forward on behalf of the defendants. He should do so very shortly, inas much as he should be relieved of going into any lengthened details by the fact that the jury had had an opportunity of viewing the locality, and of judging of the nature of the work and of the damage that might accrue to the plaintiff, as he alleged. There were, as the jury would remember from the discus sion that had taken place on the previous day, five issues. His Honor had stated that, with regard to the second and third issues, he would withdraw them from their consideration, as being mere ques tions of law. Therefore, at present, the jury had nothing to do with those two issues. They would remain on the record but for the consideration of the Court, rather than for the consideration of the jury. The first issue they would have to try was as to whether Drake street was a publio highway— that part which passes by the land o! the plaintiff— whether he was entitled to that as a public street. That was.the firat issue, and indeed, to tome extent, the main issue ; because if that is not a public street, and never was dedicated by the Crown as a public street, then the right of the plaintiff in this action is gone excepting in so far that he is entitled to the support of the adjacent land to keep his house up, but no right to the adja cent land so long as his own land was not' disturbed. They had heard the evidence as to what the result of the cutting would be if it goes on. He would show the jury beyond all question of doubt that there was < no danger whatever — that the cutting ia so f*r from plaintiffs place, and so shallow, that it was impos sible it could do any injury, or bring the house down as stated. 