The Maritime History of the Great Lakes
Daily News (Kingston, ON), Dec. 11, 1868

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p.2 County Court - Thursday, Dec. 10th - McGowan vs Bajus - An action for damages brought by McGowan for injuries upon a barge which lay in Cataraqui Bay, near the premises of defendants, Jacob Bajus, brewer, and Philip Bajus, his son. The defendants had received permission from the corporation of the city to fill in a portion of this bay in proximity to their property, near the bay and wood market, the water there being in its present state an unhealthy nuisance. There are several old scows in that neighbourhood, among which was the one alluded to, known as the Uncle Tom, and which stood in the way of defendants' improvements, and which they supposed was virtually abandoned. The defendants advertised in the Daily News, calling upon the owners to remove the scow, and did also speak personally to McGowan about a fortnight previous to the event complained of to have it removed, and which notifications not being responded to, the defendants removed the scow in the best manner under the circumstances. The vessel being sunk in the mud, it was necessary, defendants claimed, to knock away a portion of the scow to lighten her sufficiently to remove her, which was done accordingly. The plaintiff did not deny the right of defendant to remove the scow, but contended that it had not been done in a sufficiently careful manner, and that the portions of the vessel's timbers broken off by the lightening operations had been stolen or made away with, or suffered to be taken away, to the plaintiff's loss. A large number of witnesses were examined on both sides, and it was half-past six o'clock before the case was finally submitted to the jury. Messrs. O'Reilly and Draper for the plaintiffs; Messrs. Britton and Price for the defendants.

Friday, Dec. 11th - At the adjournment of the court last evening the jury in the case of McGowan vs Bajus, were directed to leave a sealed verdict, which verdict was opened this morning immediately after the commencement of the business of the court, at half-past nine o'clock, and was found to be in favour of the defendants.

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Dec. 11, 1868
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Rick Neilson
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Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
Maritime History of the Great Lakes
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Daily News (Kingston, ON), Dec. 11, 1868