p.2 The Assizes - Calvin & Breck vs Provincial Insurance Co. - This was an action brought by Messrs. Calvin and Breck against the Provincial Insurance Company, to recover the sum of $3,100. It will be remembered that in September 1864, the schooner Rapid, laden with stone for Prescott, was sunk in this harbor, by coming in contact with a pier, while being towed out by one of the Plaintiff's steamers. The Insurance Company is alleged to have taken possession of the sunken vessel, and their agent agreed with the plaintiff to pay them $3,100 for raising her. Previous to this agreement being entered into, the plaintiffs offered to raise the vessel without nameing any particular sum therefor, but were willing to leave the amount to arbitration when the question as to who was liable for the damages incurred by the sinking of the vessel should have been decided on behalf of the Company. After this proposition had been made, the agent, having meanwhile endeavored unsuccessfully to get the work done at a less sum than that finally agreed on, closed with the plaintiffs for the sum of $3,100 already mentioned, which included the placing the vessel on the marine railway for repairs. The agreement was made and proved to by Mr. Davidson, marine inspector. At this stage of the proceedings, Mr. Davidson being the only witness examined, one of the Counsel for the defence (Hon. J.H. Cameron), stated that the Company refused to arbitrate, moved for a non-suit on the grounds that the Company was not liable for work and labor done, or in accordance with the terms of the contract; that the vessel had not been abandoned to the Company, and they consequently had no title in her, she having been in possession of the owners and afterwards sailed by them. Also, that the injury to the vessel was owing to the carelessness of the plaintiffs themselves. The Judge overruled the objections, reserving leave for the defendants to move in term against his ruling if the court above should so decide. Mr. Cameron then addressed the jury, which was a special one.
The entire facts of the sinking of the Rapid were gone into. The case cannot be finished today.
Mr. Thomas Kirkpatrick, Q.C., and Mr. James O'Reilly, Q.C., for the plaintiffs; Hon. John Hillyard Cameron, Q.C., and Mr. Burns, of Toronto, and Sir Henry Smith, Q.C., for defendants.