I am, on the whole, of opinion that plantiff’s risk only extended to a fire at tbe stamp, and that loss by firo happen in* elsewhere was the defendant’s risk. I also think that dofendant might have exercised more diligence than he appears to have done in carting tho sleepers away and getting same passed, I have there fore come to the conclusion that the plaintiffs are entitled to judgment, but not for tbe full amount, as there were twenty sleepers less oarted away than th© number sued for, and I most also take into consideration that out of the lot previously tiiken delivery of 10 per cent, wore condemned. Making a similar allowanoe in conmotion with the lot now sued for, I give judgment for £22 6i, as for 430 tdeepers passed, and 48 condemned, in addition to tbs £2 14i 6d paid into Court, with costs £7 6a, less £1 Is paid into Coart.
Town Board Election.
