Details of Railway Accidents in the Ottawa Area



Seizures of Rolling Stock etc. in the Ottawa Area.



1864 Ottawa and Prescott Railway
1877
Canada Central Railway Seizures by the Brockville and Ottawa Railway
1878 Quebec, Montreal, Ottawa and Occidental Railway
1906 Ottawa Electric Railway
10 July 1956 Canadian Pacific Railway




1864 Ottawa and Prescott Railway

Ottawa Citizen 11 October 1864

By reason of the law proceedings now in progress against the Ottawa and Prescott Railway - which proceedings result from the defeat of the Bill for the relief of the Company, brought forward by Mr. Bell at the last session of Parliament - the effects we regret to say, may be important. We feel it due to the public to place before them the following correspondence, a portion of which has already appeared in print.
No. I
Ottawa and Prescott Railway Office
October 4, 1864
To the Mayor of Ottawa
Sir - I beg to inclose herewith copy of a letter received by the last mail from the Solicitor of the Grand Trunk Railway Company, as I deem it my duty to inform you of the proceedings therein explained.
I have the honor to be, Sir, your obedient servant
Robert Bell, President
No II
Grand Trunk Railway of Canada
Solicitor's Office Belleville
October 3 rd, 1864
Sir - The Grand Trunk Railway Company of Canada as one of the mortgagees of the Ottawa and Prescott Railway, has been served with papers in the Suit heretofore instituted by the holders of the first Mortgage Bonds of the Ottawa and Prescott Railway Company, against the Corporation of Ottawa, the Corporation of Prescott and the Ottawa and Prescott Railway Company.
From the papers it appears that the idea of an amicable agreement between the parties involved is at an end, and the intention now is to fight it out, taking the results whatever they may be.
It is also known to the Grand Trunk Railway Company that the bridges and permanent way of the Ottawa and Prescott Railway are greatly out of repair, and that, therefore, unless such an understanding is at once come to between the parties interested in the above suit as will secure extensive repairs to the Ottawa and Prescott Railway immediately, the destruction of the rolling stock, or a large part of it, this season, must be the result.
The Grant Trunk Railway Company, you are aware, holds a Chattel Mortgage upon this Rolling Stock, for a sum now amounting to about forty or fifty thousand pounds, which Mortgage is, in fact, their entire security for the large amount advanced to the Ottawa and Prescott Railway Company under the "Aid Act". Looking, therefore, to their own interests, the Grand Trunk Railway Company cannot, while litigation of the character indicated in the papers served is going on, and the Ottawa and Prescott Railway is in its present state, and without prospect of its being paid, consent to allow this Rolling Stock held by them under their Mortgage to be run any longer.
I am, therefore, directed to inform you that unless the parties to the said suit come to some immediate arrangement by which funds will be procured to put the Ottawa and Prescott Railway in a safe and proper state, and by which. Also the present litigation will be discontinued, the Grand Trunk Railway Company will, for their own protection, take possession of the Rolling Stock now used on the Ottawa and Prescott Railway and remove it from the Ottawa and Prescott Railway.
I will allow one week from the date of this letter, and unless in the meantime, some arrangement instead, I shall, on behalf of the Grand Trunk Railway Company, act as intimated above.
I have the honor to be your obedient servant.
John Bell, Solicitor G.T.R. Co. of Canada
No III
Ottawa and Prescott Railway Office
Oct 5th 1864
M.K. Dickinson Esq.
Dear Sir
I am notified by the Sherriff that he will, this day, seize the Rolling Stock of the Ottawa and Prescott Railway Company, and will retain it here and prevent its being used by the Company unless security be given that the property will be forthcoming on the day of sale.
I beg to ask of you, as Mayor of the City, if you will be pleased to enter into bonds as such security.
Yours etc
R. Bell, President.
No IV
Mayor's Office, City Hall, Ottawa, Oct. 6, 1864
Robt. Bell Esq, Pres't of the Ottawa & Prescott Railway Co.
Dear Sir, - I beg to acknowledge receipt, last evening, of your favor under date of the 4th inst., containing the notification that your Company had been advised by the Sherriff that he should immediately seize the Rolling Stock of the Ottawa and Prescott Railway Company, and requesting the writer, as Mayor, to enter into bonds that the property so to be seized shall be forthcoming on the day of sale.
In reply I have the honor to inform the Company that I am advised that no such authority is vested in the Mayor of this Municipality, consequently I regret that it is out of my power to comply with your request.
I remain, yours respectfully
M.K. Dickinson, Mayor
No. V
Ottawa and Prescott Railway Office
Ottawa, Oct. 6th, 1864
Dear Sir, - I have yours of this date in reply to mine of the 4th instant, and as regards the security in question your bond will be quite sufficient, and acceptable, over the signature of "M.K. Dickinson." If the addition, "Mayor of Ottawa," appears after it, that will be only as addition.  All I have to say is, that being anxious to keep the Railway open and as I could not do so without the rolling stock, I applied to you to help towards that end, as it was out of my power to effect it alone personally.  My anxiety may be annoying, but I regret deeply that the Railway may be closed almost immediately for want of that security.
Yours very respectfully, Robert Bell.
M.K. Dickinson. Esq., Mayor of Ottawa
It is doubly to be regretted, that in an case of this kind, where very small risk for a few days was the sum total of liability, parties who were efficient in defeating the Railway Bill and took credit therefor in print, met this request with a refusal. We give this portion of the correspondence because most of it appeared in the Union of Saturday. Otherwise we would have left it untouched as the proceedings of private parties.
Reference to this subject is, at the present moment, far from agreeable. We now experience the consequences of the opposition to Mr. Bell's bill of last session.  The parties interested do not appear to have harmonized, and we are far from believing the result will be beneficial to those who cause the difficulties. Although a public matter, it is at the same time a matter between the parties who joined in a great enterprise, the direct benefits of which have been realized mainly by Prescott and Ottawa, and this section of the country. The local hostility against this road cannot fail to be injurious, and it rests with those who have brought about this state of things to justify the course which they have taken. The railway from Brockville to Arnprior, we understand, will be opened immediately. We are far from saying that that hostility could could have had any effect in this respect; but those interested in that road do at present congratulate themselves upon the course taken by the municipal authorities of this city. Whatever be the consequences, our corporation has very greatly assisted them against the interests of this city, commecrially, to say nothing of what the effects may be as to the removal of the seat of government.

Ottawa Citizen 21 October 1864

Correspondence regarding Ottawa and Prescott. In the hands of the sheriff. --
Yesterday, pursuant to notice, the Rolling Stock of the Ottawa and Prescott Railway was sold, at the railway depot, under writs of fieri facias in the hands of the Sheriff.  The property submitted for sale consisted of three engines, 26 box cars, 23 flat cars, three first-class cars, two second-class cars and two baggage cars.  The sale commenced between twelve and one o'clock and was conducted by the Deputy Sheriff, Mr. Bailiff.  The audience was not very numerous, but amongst those present, we observed the President of the road, Mr. Robert Bell, the Vice President and representative of the Ebbw Vale Company, Mr. Thomas Reynolds, the Solicitor of the Grand Trunk Railway Company, Mr. John Bell, and the Mayor, Mr. Dickinson.

The Deputy Sheriff having described the property for sale,
Mr. John Bell stepped forward and addressing the Deputy Sheriff, said Before you commence the sale it is right I should state that, whoever buys this property, purchases it subject to a mortgage of 40,000 or 45,000.  Of course the person purchasing will be obliged to pay off this mortgage forthwith.
Mr. Bailiff.  I don’t believe the Sheriff is bound to know there is a mortgage.
Mr. John Bell.  But I feel bound to give notice of this fact, in order that those who intend to bid may understand exactly what they are doing.  There is no doubt that whoever buys this property will have to pay off the mortgage, otherwise they will not enjoy is very long..
Mr. Bailiff.  Gentlemen. I will now put up the property.  Will you please make me an offer.  (No response).  I may as well state before I go further, that I have received a notice from Mr. J.B. Lewis, on behalf of the Corporation, forbidding this sale inasmuch as they claim it under their mortgage.
Mr. John Bell. Mine happens, however, to stand first in order.
Mr. Bailiff.  Will anyone make me an offer.
Mr. John Bell. $100.

For some time no advance took place on that sum.  Eventually Mr. N.S. Blandell offered $200; Mr. John Bell then bid $201; Mr. Palin then offered $300; Mr. John Bell then bid $301; and at this figure, after some considerable time spent by the Deputy Sheriff in trying to induce a higher bid, the property was knocked down.
Mr. Bailiff.  Who is the purchaser?
Mr. John Bell.  C.J. Brydges.
This closed the proceedings.

Merrickville Chronicle 21 October 1864

PRESCOTT AND OTTAWA RAILWAY
In accordance with notice previously given, the Deputy  Sherriff of Carleton has sold, at the instance of the Grand Trunk, the rolling stock of.the Ottawa and Prescott Railway The purchaser was a Mr. John Bell, and the amount realised $301.  On the name of the purchaser being asked for by the Deputy. Sheriff, the name of C.J. Brydges was given. It will be seen by this that the Grand Trunk Company, true to their instincts of monopoly, have at length succeeded in getting this road within their clutches.
From the Merrickville Star-Chronicle of 25 April 1912

Ottawa Citizen 25 October 1864

On Friday last the employees of the Ottawa and Prescott Railway, with the exception of half a dozen laborers who are required to look after the property, and a small portion of the office staff, were all discharged.  In a circular which was issued to each individual, by order of the President, the reason assigned for this step is the difficulties in which the company is involved.  The action of the company is deeply regretted; but the want of means, arising from the fact that the road is not working, imposed this disagreeable necessity.

The Union, Ottawa 29 October 1864

Prescott Telegraph -- At the instance of the two municipalities chiefly interested in the Road, an application was made for an injunction in Chancery to stay the proceedings of the Grand Trunk Company against the Rolling Stock.  The sale is however, regarded as invalid, and therefore amounts to nothing so far as affecting a change of ownership is concerned.  Take what view of it we may, it is impossible to avoid the conviction that the G.T. R. Company had acted with unseemly haste in the premises.  It might have waited for the repayment of the comparatively small sum which it advanced to the Ottawa and Prescott Railway, at least as long as the province will have to wait for the repayment of the millions which it has advanced to the Grand Trunk.  Now that the Court of Chancery has interposed its powerful arm to shield the weak from the rapacity of the strong, we may expect that steps may be immediately taken to re-open the road.  The Corporations of both Ottawa and Prescott have both expressed their willingness to negotiate with the Railway Company with a view to arrive at some settlement of the difficulties between them.

The Union, Ottawa 5 November 1864

The Montreal Gazette and the Quebec Chronicle, taking their information from the Citizen, a journal published by R. Bell M.P., the president of the O. & P. Railway Company, represent the City Corporation of Ottawa as responsible for the stoppage of the railway.  The facts are that the Grand Trunk Railway, who claim the rolling stock, notified the Corporation that they were about to remove it.  They procured a Sheriff's sale of the stock on a judgment originally the property of Mr. Robert Bell M.P., to strengthen their claim.  The Corporation applied to the courts to prevent the removal of the stock and succeeded.  Every effort has been made to induce Mr. Brydges to allow the trains to run, but to no avail.  It is true that it runs every night with freight, we presume because it is safer to run on a road in bad repair at night than in daylight.  It also went into operation to take out the delegates and Mr. Brydges in daylight.  The fact is that Mr. Brydges and the Grand Trunk are to blame if blame lies anywhere.  The Corporation has no influence whatever in the matter.
The Directors of the Ottawa and Prescott Railway Company, we presume, are snuffed out.  Nothing is heard of their actions.

Ottawa Citizen 11 November 1864

It will be gratifying to the public to learn that the difficulties connected with the railway have all been arranged and that the trains will commence running again in the course of a few days.  We make this announcement on the authority of a telegraphic despatch sent to us last evening from Prescott, by Mr. Bell, the President of the Company.


Canada Central Railway Seizures by the Brockville and Ottawa Railway 1877
Perth Courier  4 May 1877

RENFREW (From the Mercury)

On Monday morning, on the arrival of the C. C. train from Pembroke, the appearance of  Sheriff Morris, who came down by it, was quickly followed by the report that the engine and some of the cars were in his possession, having  been seized at the instance of the B. & O. R. Company. After some little delay, during which Mr. Smith, Warden of the County, was interviewed and requested to sign a bond for security for the amount —which instrument had been prepared at Pembroke — the train proceeded to Ottawa; although Mr. Smith, we understand declined to append his signature to the document.

Perth Courier 13 July 1877

RAILWAY SEIZURE

On Saturday morning last, on the arrival of the Canada Central train at Carleton Place, Mr. W. H. Grant, Deputy-Sheriff, quietly stepped aboard and made a seizure of the train at the suit of the Brockville & Ottawa Railway Company. The amount of the execution involved was about $2,000. The railway officials speedily furnished ample sureties for the property under seizure, and after a quarter of an hour's delay the train proceeded on its way.


Quebec, Montreal, Ottawa and Occidental Railway 1878
Ottawa Free Press 29 July 1878

The Official Gazette today contains the Order in Council approved by the Lieutenant Governor on the 25th inst., which provides for the coming into force on the 31st inst. of the act passed last evening, and entitled "An Act to place the Quebec, Montreal, Ottawa & Occidental Railway under the control of the Commissioner of Agriculture and Public Works."

Ottawa Citizen 28 August 1878


The contract for the construction of the QMO&O was rescinded by order in council,  MacDonald refused to give up the road, had 300 men on hand at Hochelaga, took the precaution of having all rolling stock removed from Hochelaga.

Ottawa Citizen 30 August 1878


A special train having on board the Hon. Mr. Cartwright arrived at the Hull station at eleven o'clock last night.
The QMO&ORR is at a complete deadlock, traffic being completely stopped.  The train due at 2 o'clock yesterday did not arrive until 5.25, and returned immediately to Ste. Therese, the railroad authorities refusing to take any passengers.  No train left this morning and none are expected to run on the road today.

Ottawa Free Press 30 August 1878


Montreal, August 30 - It is stated that Mr. Doutre, last evening, submitted to Mr. Joly a proposition, that if the Government would pay the amount of profit annually made out of the Occidental Road, namely $60,000, to Mr. Duncan MacDonald until the arbitration should settle the dispute, he would give up the road.  Mr. Joly accepted this arrangement but this forenoon Mr. MacDonald went back on the proposition of his solicitor.  MacDonald, in the meantime, obtained from the Superior Court a writ of injunction against Messrs. Joly, Premier, and Peterson, Government Engineer, which were served today noon, these two being ordered to appear on Tuesday next before a full bench.  The Government cannot take further action until then.

Montreal Gazette 31 August 1878


THE M., O. & O.R.R. CONTROVERSY
No arrangements arrived at - Meeting between the Premier and Mr. Duncan Macdonald, contractor of the road - wide apart views - An injunction granted and writs served against the Government party
The attempt of the Hon. Mr. Joly to obtain possession of tbe M , O. &  W. Railway, just on the eve ot the Dominion general elections, excites considerable attention, and has given rise to not a little comment of an adverse tenor, so far as concerns the ministry of the hon. gentlemen who constitute the Government. It is claimed by many that the Hon. Mr. Joly is acting in the matter at tbe suggestion of tbe Hon. Mr. Mackenzie, who recognizes in the patronage inherent in the railway an engine to be used in tbe coming elections ; this a conclusion doubtless reached when procedure extant upon other Government railways in considered. Mr. Joly denies that the elections have any thing to do with the attempt to seize the railway. The contractor's assertion is the contrary, however, and the public can judge whether there was not time enough before this for the demand to have been made; more forcible does it appear when the reader considers the Premier's "welcome news" to the East End electors that they are going to have the depot within the city limits, and this told at a Grit election meeting. How ever that may be, the proposition made to Mr. Macdonald by the Premier brought about a meeting between the parties yesterday, and the result of the conference is that Mr. Macdonald refused to surrender the road until his claims had been paid, and after some farther conversation the parties separated.
LEGAL PROCEEDINGS
The contractor, Mr. Macdonald, through his solicitor Mr. Doutre, Q. C, then took legal measures to prevent any further interference, which are explained as follows:-
Duncan Macdonald, petitioner, plaintiff gainst the Hon. H. G. Joly, personally, and as Minister of Agriculture and Public works for the Province of Quebec, and Peter A. Peterson, of the city of Montreal, civil engineer, defendants. The petitioner, after relating tbe contracts made by him with the M. O. & W. R. Co , and with the Quebec Government, avers that he has done all that could be expected from him in the execution of his contracts ; that, after the appointment of railway commissioners he has been interrupted and delayed over twelve months at a time for plans and instructions concerning some bridges or other details of the work, these delays being caused by the malicious combination of the railway commissioners with the Government engineer, the said P. A. Peterson, to arrest and injure the plaintiff ; in the execution of his works, he has spent money to such an extent  that the Government is now in his debt in a sum exceeding $1,000,000; that the undertaking by the plaintiff, to complete his works by the 1st of October 1877, implied tbe obligation on tbe part of the Government to do all that was expected from them in the execution of their part of the contract ; that, instead of paying him the value of his work in monthly estimates and instalments, as they had agreed to do, they have failed to pay him any money since the month of November, 1877, and have ever since refused either to pay or adjust his accounts by arbitration or otherwise ; that on tbe 26th August, instant, tbe Government had served upon plaintiff a notice intimating that tbe Government had cancelled his contract, and requesting him to hand over the line of railway, with the branch to St. Jerome, with accessories, such as rolling stock, &c, and that on the 28th of this month they distributed a notice to the employees of the plaintiff, threatening them with dismissal from service if they should aid in any way the plaintiff in withholding the possession tbe road from the Government. The petitioner avers that everything connected with the railway, rolling stock, &c, is his property and is in his possession, and that he is entitled to an order enjoining the defendants to desist from intrusion and interference with his affairs concerning said railway, and with his employees and servants.
The petition was presented to Mr. Justice Rainville, who ordered the issue of the writ, with the injunction, as above, returnable on the 3rd of September next ; the writ only to be issued after security being given for $600, or a deposit for the same amount in the hands of the prothonatory, to answer for damages and costs resulting from the issuing of the writ. The deposit was immediately made, and the writ issued and served. This procedure is in conformity with tbe requirements of an Act of the last session of the Quebec Legislature.
TRAIN SERVICE
will commence to-day,and will continue at least until the 3rd inst., which is the date on which the writ is made returnable. What phase matters may thereafter take, the future will unfold as it comes to pass.

Ottawa Citizen 31 August 1878


Sheriff Coutlee and Deputy Haldane, accompanied by Mr. Massey, proceeded to the Hull station of the QMO&O at ten o'clock this morning with the necessary documents to secure the premises, track and rolling stock on behalf of the government.  No resistance was attempted.  The sheriff demanded the keys of the various buildings and on receiving them took formal possession of them in the name of the government and handed them over to Mr. Massey as government guardian.  The following notice was attached to the station house at the time the sheriff opened the door:
"Province of Quebec, District of Montreal in Superior Court.
Duncan MacDonald, petitioner, plaintiff against the Hon. H.G. Joly and Peter A. Peterson, defendants.
We hereby certify that a writ of injunction has this day been issued from this court, ordering the defendants to desist and abstain from further intrusion and interference on the line of railway and accessories, and with the station agents, clerks, locomotive and train hands, sectionmen all other servants or men employed by Duncan Macdonald, under pain of being in contempt of this court and treated accordingly.
(Signed) Herbert, Honey, Gebdron, Prothonotaries."
After the seizure Mr. Massey asked Mr. Gouin the station agent if he would take charge of the station on behalf of the government and on his replying in the affirmative the keys were given to him and he will act under the instructions of Mr. Massey.
Mr. Ogilvie, the Baggagemaster, Crawford, the foreman of locomotives, Mason, a carpenter; and McDonald, the switchman were also employed on behalf of the government.  No freight will be allowed to leave the freight shed before Monday.  Trains may not run for the next eight or nine days.  The sheriff and deputy, with Mr. Massey, have left to seize the different stations below Hull.

Ottawa Free Press 31 August 1878


Sheriff Coutlee of Ottawa County, assisted by the Deputy Sheriff, this morning seized on the depot and plant of the Q.M.O. & O. R.R. at Hull.  This is owing to the present difficulty with the Government.
- - -
Interview with the Premier Joly.--
MacDonald felt he should retain possession of the railroad until the arbitration, had outstanding debts.--
MacDonald ready to lease to the Government--
We were ready to take possession yesterday --
An order in council was passed yesterday giving the necessary authority to carry out the purpose of the Government and he was waiting for the warrant to arrive --
Doutre, lawyer for MacDonald obtained a writ of injunction --
MacDonald states that he will open the road again, and the trains will probably be running tomorrow.

Montreal Gazette 2 September 1878


SEIZING A RAILWAY
The Premier Mr. Joly orders out the troops The railway seized at both ends.  Battery, the Sixty-fifth and Sixth Fusiliers regiments and Montreal Brigade of Garrison Artillery called out. The public during the past few days have heard something about the controversy between between the Quebec Government and Mr. Duncan Macdonald, and the latest phase of the case up to Saturday night was that published in The Gazette of Saturday morning, announcing that an injunction had been granted by the Hon. Judge Rainville restraining the Hon. Mr. Joly, Premier of ths Quebec Government, and Mr. P. A. Peterson, Chief-Engineer of the Government, from interfering with the road.
Fancied Security
The writ was made returnable on the 3rd inst., and was served upon the above named gentlemen. It was thus concluded that the obstacles to traffic were removed, and that passengers could proceed to their destination. With this understanding and object a train was despatched early on Saturday morning. It did not get further than Mile End Station, however, and here remained, as Mr, Peterson, acting under instructions from the Government, seized tbe road at Hochelaga.
Fears of Resistance
Resistance is said to have been feared at Mile-End Station, and at 7 p. m. on Saturday ten men - thee detachment of B. Battery from St. Helen's Island - were ordered to march to the Mile-End and take possession. At the same moment an order was in the hands of Lieut.-Colonel Fletcher to furnish to Mr. Peterson two hundred men from the Volunteer force in Montreal, or as many more as might be required. Accordingly the commanding officers of the 65th Rifles, the 6th Fusiliers, and the Montreal Garrison Artillery were ordered to furnish each 60 men.  Meanwhile it transpired that the sheriff, in the name of the Government, had seized the line at the Hull end of the route, and that Mr. Duncan Macdonald had collected a large force of his employees, armed them, collected all his rolling stock, and having placed the whole in a siding beyond Ste. Therese, known as the gravel pits, was determined to resist any further interference. As the gravel pits are in a naturally fortified place, two hundred men, well armed and determined, could hold it against any odds.
THE VOLUNTEERS CALLED OUT.
For this reason, it was determined to send the main body of the Volunteers thither. Accordindly, as soon as possible the train, which had been in waiting all day, was made use of and additional cars coupled to accommodate the troops. It is no easy matter to procure volunteers at half-past seven on a Saturday night, and it was half, past eleven when the quota from Col. Martin's Sixth Fasiliers marched into the depot at Mile End, commanded by Capt. Blaiklock having trudged tbe whole distance from the City HalL They had reached within a mile of their destination when the rain commenced to fall, and by the time they had gone half a mile farther were making headway through a blinding storm of wind and rain. They were in heavy marching order, and suffered severely from want of water, there being lots of it outside but none at the station. The men of the sixty-fifth arrived about the same time, under command of the Major, accompanied by four officer. Mr. Peterson welcomed the troops very warmly, and hurried them on board the train. Mr. Louis Perrault was left as the magistrate in charge at the Mile End Station, and accompanying Mr. Peterson on the train was Mr. Louis Lamontagne, in order to act in case an attack were made on the train.
ALL SORTS OF RUMORS
were prevalent, as to the track being torn up and demolished, so that it was at slow speed the train progressed. A force of 60 men and four officers from the Montreal Garrison Artillery was ordered to Hochelaga, and took possession of the station at that point, while the force of ten men at the Mile End was reinforced by Lieutenant Nelson, of the Sixth Fusiliers, and a force of 16 men.
ATTEMPT AT SEIZURE AND A REPULSE.
It was said that the Sheriff of Terrebonne had made tbe seizure on Saturday, or had attempted to do so, but was repulsed by armed men, presumably in the employ ot the contractor, Mr. Macdonald. This repulse is said to be the reason for the Govemment calling out the volunteers.
THE SITUATION
yesterday morning was : The Government in possession of each end of tbe road, the contractor in possession of tbe rolling stock at Ste. Therese sand-pits, guarded by about two hundred men, armed with revolvers and axes, etc. Watching these men were some 130 men of tbe Sixth Fusiliers and Sixty-Fifth regiment, who now await the result of this mornings negotiations.
THE GOVERNMENT'S VIEWS
may be stated on uncontrovertible authority to be :- They consider that they are entitled to the road, and must have it. They have endeavored to get peaceful possession, but must have possession, and should resistance be offered, the responsibility will remain with the contractor and his party. Force will be nsed if necessary, but the display of well-armed and numerous troops will overawe any attempts at resistance, and the matter may be adjusted by Mr. Macdenald submitting under protest.
OFFERING A COMPROMISE.
It is true that at the meeting on Thursday last between the Hon. Premier and Mr. Macdonald, the latter was offered the amount whicb be claimed as bis earnings, $5,000 per month, if he would allow the Government to take possession - that amount to continue until arbitration should settle the contractor's claims, and be then deducted out of the amount awarded. This statement is as curious as it is true, in view of the plea for the Government that the contractor has been paid $850 in excess of his contract. With reference to the writ of injunction on the Hon. Mr. Joly and on Mr. Peterson, the pretension of the Government is that the Public Works Act and the contract with Mr. Macdonald expressly stipulate that the Government shall at any time have power to step in, stop the road and take possession provided the contractor does not fill the conditions ot his contract. It is of course denied that the present movement on the part of the Government has anything to do with the elections, or that the patronage of tbe road is to be diverted to the support of the Mackenzie-Cartwright  policy at the elections. The public will be the best judges of that, however.
REINFORCING THE TROOPS
All day, until 4 o'clock in the afternoon, the Hon. Mr. Joly and. Hon. Mr. Marchand were at the Government offces, and with view to overawe Mr. Macdonald's men, it was decided to call out an additional force of volunteers. Accordingly Col. Fletcher, C.M.G, D.A.G., was ordered to call out more men and to proceed at once with them to Ste. Therese. At half-past twelve an order was given to Col. Labranche of the Sixty Fifth, to call out his entire regiment, and at 6 o'clock that indefatigable officer was ready with a force wbich raised the numbers of his regiment in active service to 200 men. The Sixth Fusiliers, also, had largely reinforced their men, while the detachment at the Mile End station, under Lieut. Nelson was relieved by Lieut. Hood, and Lieut. Gray, in charge of his detachment, was in waiting to proceed by train to reinforce the command of Laplaio Blaiiklock at Ste. Therese.
THE PLAN OF OPERATIONS
is for Col. Fletcher to command the attack at Ste. Therese, should one be deemed necessary necessary; for Col. Bacon to proceed thence to Hull, and leave a detachment at the different stations on the line of road. Col . Harwood has been telegraphed to come to Montreal and assume command in the absence of Colonels Fletcher and Bacon, and until then Col. Martin, of tbe Sixth, the senior officer of the Fifth District here, will take command and be in readiness to further reinforce the troops now in service
(SPECIAL TELEGRAM FROM OUR OWN REPORTER
Ste. Therese, September 1
The last detachments of the 65th Mount Royal Rifles, and 6th Fusiliers arrived here this evening, and were billeted in various parts of the village in tbe hotels and buildings which could be procured for the purpose,
A RUDE RECEPTION.
A tremendous crowd of people met them at the station, and quite a number made use of insulting aud threatening language. Knots of men assemble on tbe sidewalk and discuss the question in such a manner that it is quite evident that they are supporters of Mr. Macdonald. Tbe greatest excitement prevails throughout the whole village. Lieut. Col Fletcher arrived this evening, and has assumed command of all the military in tbe place, consisting of 150 men and officers, 105 of tbe 65th Mount Royal Rifles and 45 of the 6th Fusiliers. The contractor is said to have 300 more men. of which 150 are in the village. Upwards of 150 or 200 are in the sand-pit, two miles west of here, and are said to be aimed with guns, revolvers, &c. A branch line has been run into the pit, and all the engines, numbering ten, and a large number of cars, have been run into it. The engines have been dismantled and the parts hidden. They have also a hand car in their possession, and squads ot ten or a dozen come to the outskirts of the village and cut through tbe fields to some houses, where they get their meals. Several of these men have openly acknowledged that they will oppose the step that tbe Government is taking.
AN ARREST.
Mayor Lapointe arrested Marshal, one of the foremen, this afternoon, for insulting some of the officers and men. He was kept in for a few hours and allowed to go. Mr. Loranger and Ald. Laberge, of Montreal, are here.
THE LATEST.
The military will form in procession to morrow at seven o'clock, to proceed to the station, of which they will take possession, and a guard will be left. They will then proceed to the sand-pit and the Sheriff will demand the surrender of the rolling stock &c If they refuse the Sheriff will call upon the Magistrate, who will also demand the surrender ot the rolling stock, and if they again refuse, he will call upon the military to assist the civil powers and tbe matter will be left entirely in the hands of the commanding officer. Mr. O'Brien, tbe paymaster, stated that the men are not armed, and that it is not their intention to fight. They will retain possession as long as they can, but respect the law too much to forcibly resist. Their object is to resist until some of the men are arrested and then have a test case at law. From present indications it is altogether likely that there will be a big disturbance.

Ottawa Citizen 2 September 1878

Detachments of the Montreal Garrison Artillery, altogether some 300 men, were called out by order of the Quebec government, and put in possession of the Occidental Railway at Hochelaga, Mile End and Ste. Therese.  Mr. Macdonald had run off all the rolling stock belonging to the road into a sand pit at Ste. Therese owned by him where the locomotives were dismantled and put under a guard of 200 or more men.
1 p.m. Sheriff Rouselle, under protection of the military, between 8 and 9 o'clock this morning seized the station, offices and all the plant belonging to the Occidental Railway at Ste. Therese, including the locomotives in Mr. Macdonald's sand pit.  The locomotives have been put out of running order but the pieces which had been hidden have been found and already several locomotives are on the track.  No resistance was offered by Mr. Macdonald's men.

Montreal Gazette 3 September 1878

THE M, O. & W. RAILWAY.
The action of the government yesterday at St. Jerome and Ste. Therese - The railway in their possession.
The action of the Government in calling out the troops in Montreal caused no end of comment on the streets yesterday, and was discussed from all points of view and by persons persons of all shades of politics. The opinion generally expressed was that the Government acted rather hastily in the matter, and few could be found who would have believed that the Hon. Premier, in face of an injunction from the Court, would have participated in or permitted such action to be taken. The whole matter is contrasted with the action by the Dominion Government in possessing themselves of the Crystal Palace - an event fresh in the minds of readers of the daily press. Many ask the question, why was the military force called out until the civil power had proved inadequate, and in answer to this we may state that ths troops were called out by Lieut.-Col. Fletcher in answer a requisition signed by four magistrates, Messrs. Louis Perrault, Louis Lamontagne, Napoleon Lefebvre, Charles Meunier. A Gazette reporter had an interview with Mr. Perrault, and in answer to the question whether the civil power had been set at defiance, that gentleman said not to his knowledge, but that these magistrates had at the request of the Hon. Mr. Marchand signed the requisition calling out the troops. The Government wanted them, and they, as magistrates, had agreed to sign the requsition. Mr. Perrault had also remained at the Mile End all night of Saturday to read the Riot Act, so that the troops could fire upon the mob if attacked There was, however, no signs of a mob.
A SEIZURE EFFECTED IN STE. THERESE
Early yesterday morning the volunteers commanded by Col. Fletcher, comprising the Sixty-fifth under Col. Labranche, and the Sixth Fusiliers, under Capt Blaiklock. were placed at the disposal of the Sheriff and proceeded first to the station, which was taken possession of. The Volunteers then started for the sand-pits, but no resistance was made, and the sheriff captured seven locomotives and a large quantity of rolling stock. It was then decided to send on a detachment to St. Jerome, and to picket the other stations along the line of railway to Hull with Volunteers, this duty being assigned to Lieut-Col Bacon.
THE GOVERNMENT'S INTENTION
is to commence this forenoon the running of the usual trains, and they hope that no interruption will hereafter occur to the traffic of the road.
THE MILITARY FORCE
at Hochelaga consists of a company of the Montreal Garrison Artillery, while at Mile End is stationed a detachment of men from the Sixth Fusiliers, the men of B Battery, recently quartered at the Island, having also been kept at the station.
LEGAL PROCEEDINGS.
In the Superior Court, Judge Johnson presiding, a motion was made on behalf of Mr. Duncan McDonald, contractor, by his attorney, Mr. Doutre, Q C, asking that Mr. Peterson,  one of the defendants, and Hon. Mr. Chauveau, sheriff of this district, be declared in contempt of Court.
Mr. Carter, Q. C., claimed on behalf of Mr. Chauveau that sufficient notice of the motion had not been given, and that copies of the affidavits on which the motion was based had not been served with the notice. It was impossible to answer an application based on affidavits, copies of which had not been served. On behalf of Mr. Peterson, he argued that the service was made on Saturday last, which did not allow that intervening time required in matters of this kind.
Mr. Doutre contended that the notice had been given in sufficient time, under Article 24 of the Code of Civil Procedure. As to the affidavits, Mr. Carter represented both parties, and therefore did not require to have two copies of the affidavits furnished to him, the same affidavits applying to each case.
Judge Johnson ruled that, as respected the notice of motion, the time given was quite sufficient; but with regard to the question of affidavits, the fact that the one counsel acted for both parties did not do away with the necessity of giving copies to each, since either might wish to consult other counsel. He ordered, therefore, that this motion be enlarged until Wednesday morning, until Mr. Chauveau can have communication with the affidavits with which the motion for contempt was served. Mr. David A. Boss, Attorney-General Attorney-General Attorney-General of the Province of Quebec, was present during the proceedings.
A WRONG IMPRESSION
exists as to the cutting of the wires of the Dominion Telegraph Company. It was supposed  this had been the work of the Macdonald party, but it now transpires that the Government ordered it in order to keep the contractor from communicating with the men at St. Therese. What the Dominion line will charge for the use - or rather the abuse - ot their wires will be matter for the Company to arrange with the Government hereafter.
- - -
THE RAILWAY DIFFICULTY - We understand that the Government have succeeded in obtaining possession of the Montreal & Western Railway, and that trains between this city and Ottawa will resume running to-day at the usual hours. Whatever opinion may exist as to the manner in which the Government have acted, the pnblic will be glad to learn that the railway is again in operation.

Montreal Gazette 3 September 1878

(SPECIAL TELEGRAM FROM OUR OWN REPORTER.)
Ottawa, September 2. - At three o'clock this afternoon a special train containing 12 men and a Lieutenant, left Ste. Therese for Hull. Most of the stations on the line were closed and no one in attendance. It was anticipated that the track would be obstructed by Mr. Macdonald's men, but neither the track nor train was interfered with. On their arrival at Papineauville Station they were met by Sheriff. Contlee of Aylmer, and Mr. Massey, assistant Government chief engineer, both of whom had driven in a carriage from Hull and taken possession of all the stations between that place and Papineauville. They took possession of the Hull Station on Saturday morning, and left it in charge of 20 special Constables. At Papineauville, the Sheriff and Mr Massey got on board the train and returned to Hull. No resistance was offered when they took possession of the stations, but the greatest excitement prevailed. At five o'clock this evening, another special train left St Therese with 40 men and officers under Lieut-Col Fletcher. They were accompanied by the Sheriff of the District of Terrebonne, who took possession of all the Stations between St Therese and Papineauville. Six soldiers were left at each station on the line. The train arrived in Hull at 11 p.m, amid much excitement. The military are stationed in the hotels near the station. No row is anticipated, and it is probable that the military will return to-morrow morning. The Government has now full possession of all the road and trains will be run regularly after to-morrow.

Ottawa Citizen 3 September 1878

Trains on the QMO&O will leave both ends of the road regular time tomorrow (Wednesday).  Freight on Wednesday regular time.
A large crowd assembled at the railroad station this morning to see the first train start under the new state of affairs.  The military were on hand, having come up from Montreal by a special train last night.  Their services were not required.

Montreal Gazette 14 September 1878

THE QM, M., O. & O. RAILWAY INJUNCTION
 Mr. Peterson adjudged guilty of contempt.
There was a large attendance in Court this morning. Punctually at 11 o'clock the Hon. Judge Johnson took his seat and delivered the following judgment;-
Macdonald, plaintitf ; vs Joly, et al. defendants ; and Chauveauu and Peterson, mis en cause.- In this case a motion to commit Peterson, one of the defendants, and also Mr. Chauveau, the Sheriff, for contempt in disregarding an injunction, was made and answered on Friday, the 6th, and part of the answer then made by both of these gentlemen depended upon a question which they raised by a motion to revise the order of Mr. Justice Rainville, upon which the injunction was issued ; and the grounds urged for revising it were substantially that it had been improvidently issued, because the proceedings complained of in the petition for injunction were taken under an order of the Executive Council of the Province, made in pursuance ot the authority given by the Provincial Act. 32 Vic, chap. 15, having reference to the resumption, under certain circumstances, of public works. The papers were put before me the following day (Saturday), and I had but a very short time to look at them, and on Monday I requested the counsel to speak to a point that had presented itself to me, and counsel were heard upon that point the day before yesterday. I have now, therefore, to give judgment on the motion for contempt and on the answer that is made to it ; and first as to the motion to revise the order for injunction: I am of opinion that the motion cannot be granted, and therefore that that part of the auswer made to this proceeding for contempt fails. 1 do not regret the discussion that took place the day before yesterday as to whether the Act of 1869, c. ?, gave the Provincial Government power over any but provincial works, because too much light cannot be thrown upon so important a subject; but I observed to counsel then, and I must observe again now, that I am concerned only at present with the proceedings for contempt ; and as regards the question whether a contempt has been committed. It is immaterial whether a good defence can ultimately be made to this injunction or not, the question at this moment being only whether this order, on the face of it, is such a nullity (as a necessary conclusion from what is alleged in the petition) that it could be treated as if it had no existence; because if the learned Judge saw on the face of this petition that it was averred, and sworn to, as it undoubtedly was, that the company from which the Quebec Government purchased being a Federal corporation had no power to sell, and the Quebec Government no power to buy; and if he further saw, as he might have seen, that in another case to which the Quebec Government was itself a party, it had been held that they had nothing, at the very utmost. but proprietary rights in tnis railway after it had ceased to be a provincial work, and had changed its character into a federal railway, it will hardly be contended that, under such circumstances, he ought not to have granted the injunction; indeed, it appears plain that the learned Judge, who is known to be one of the most accurate and painstaking judges on the Bench, would have violated his duty if he had refused it; for, after all, whether Mr. Macdonald's asserted rights ultimately prevailed or not was not the question; whether those rights involve, as he asserts, over a million of dollars, or whether it ultimately turns ont that he has nothing to Iose, makes no difference. There was one right that he clearly had when he asked for that order a right common to the wealthiest contractor and the humblest laborer on the line, both exactly to the same extent, neither more nor less and that was the right to be heard, and to have his case heard, and to make those of whom he complained come and answer both, and show their right, if they had any; and he got that right acknowledged, and properly acknowledged; and those to whom the injunction was addressed might have come and answered him, and have exercised their undoubted right also of being heard; but, instead of that, it is asserted that they set themselves above the law, and therefore the question now is whether this was a legal injunction prima facie to be regarded and obeyed, or whether these gentlemen, without giving themselves the trouble to come and answer it at all, could disregard and disobey it,- in one word, whether the authority ol the Queen, conveyed in the usual form of a writ, under the seal of her Court, can be overpowered by the mere brutal assertion of force. I say that is the question now, and so on the clearest grounds it is the question, if there is to be in this country such a thing as liberty under the law. It is indeed conceivable that the rights of the executive administering different departments of the Government for the public may have been vested in them in a different form, as regards the mode of their exercise, from those of individuals; but the exercising of those rights must be subject to the law of the land, and it appears to me that in a country possessing at least some of the essential forms of the English political constitution, it ought to be obvious to every one that there is and can be no power that is not in some shape amenable to the law, or that can venture, at least as far as the instruments of that exercise are concerned, to set the supreme authority of the laws at defiance. It is clear, therefore, under this view of the case, that it would be equally premature, at this moment, to say anything as to the ultimate validity on the one hand of this writ of injunction, or on the other of the Lieutenant-Governor's  warrant that may be opposed to the injunction on the merits. All that we are concerned with now, having once ascertained the legal existence of the writ, will, therefore, be the facts that constitute the contempt complained of, and those that constitute the answer to it. These facts are, as far as the Sheriff is concerged, distinctly traversed; and I think fairly and successfully traversed. All that was done by that officer was done previously to his getting notice of the requirements of the writ. In Mr. Peterson's case, however, the matter steads very differently. He does not traverse the facts at all ; but merely justifies them by setting up a warrant and saying that he acted in obedience to it. As far as regards Mr. Chauveau, therefore, the plaintiff will take nothing by his motion for contempt against him and it will be dismissed, but without costs. In the case of Mr. Peterson, though I have said, and still say, that as a matter of law his position is a very grave one, I should be sorry to believe that that was the light in which the matter presented itself to him, for he says he acted under advice, and the circumstances were undoubtedly such as would impose upon him. Although, therefore, he may be without excuse in law, there may have been much to excuse him in point of fact, and the judgment I am about to give is one that will be suited to the singular circumstances of the case. This gentleman seems to have had everything on his side except the law, and that was clearly against him. The law is supreme, and, unless we are in a state of anarchy, it must be so held and regarded by all men, and they can only disregard it at their peril. The law, in this case, received its clearest expression in the terms of the writ that Mr. Peterson had seen, and that writ told him and all concerned to stop for the present, and to come before before the Court and make proper answer to it, where they could be heard and their rights decided. It cannot, in a civilised, community, admit of doubt that it was Mr. Peterson's duty to obey this writ. The judgment of the Court upon this motion is, that Peter Alexander Peterson is adjudged guilty of contempt ; and, as regards the punishment for his offence, the Court reserves to itself to pronounce hereafter, and it is further ordered that he enter into his own recognizence in the sum of $1,000, to be and appear in his own proper before this Court whenever he shall be called upon by a twenty-four hours' notice in writing so to do - then and there to receive the judgment of the Court in his own person, or (if he shall make fault to appear) in his absence and that he pay the costs of the present motion.
Mr. Doutre, Q C, asked to add to his petition, that Mr. McDonald be reinstated in possession of the road.
Mr. Carter, Q.C., said that would be adding a writ ot mandamus to the writ of injunction. injunction.
Mr. Doutre, Q C, said both writs meant the same thing.
His Honor took the motion en delibere.


Ottawa Electric Railway February 1906
Ottawa Citizen 6 February 1906

Ottawa Electric Company Lose Again in Miss Dodd's Action
Toronto, Feb. 6. The court of appeal has dismissed with costs an appeal by the Ottawa Electric Railway company in the action of Dodd vs. the Ottawa Electric Railway. The company appealed from judgment of the divisional court, dated 27th June, 1905, dismissing with costs an appeal by the defendants from judgment of Justice Teetzel upon findings of a jury at the Ottawa spring assizes in favor of plaintiff for $1,200 and costs in a negligence action. The plaintiff, a music teacher in Ottawa, while stepping upon the defendant's car at corner of Lyon street, was thrown to the ground owing, as alleged, to the car starting prematurely. The jury found in plaintiff's favor.

Ottawa Journal 20 February 1906


Seized four electric cars.
Miss Dodd springs surprise on company
Sherriff Sweetland has seized three streetcars and a repair car belonging to the Ottawa Electric Railway Co. to satisfy the judgement of the High Court sustained by both the Divisional Court and the Court of Appeal, for $1,200 in favour of Miss. Theresa Dodd of this city.
It is not supposed for a moment that the defendant company is unable to liquidate the judgement, but the action was taken presumably, to forestall the intention of the company to carry the matter to the Supreme Court of Canada.
The cars are seized and held for sale at 11 a.m. Saturday Feb. 24 at the Railway Company's sheds at Albert Street and notice to that effect is posted in the sherriff's office at the Court House. The cars are No. 45, 24 and 26 and repair car No. 10.
In this case, Miss Dodd, music teacher, was injured by a fall from a streetcar.  She claimed damages and won her case on two appeals.  The Electric Company declared its intention of appealing to the Supreme Court, but Miss Dodd, a lawyer, has evidently determined not to wait.

Ottawa Citizen 20 February 1906

SEIZED THE CARS
Miss Dodd's Counsel Issue Writ Against Railway.
Four cars of the Ottawa Electric Railway company are advertised to be sold by the sheriff on Saturday, February 24th. They were seized under a writ of execution.
Some time ago Miss Theresa Dodd, music teacher, was given a verdict by a jury against the company for damages sustained on a street car. Appeals were taken to the divisional court and the court of appeals but the judgment was sustained. Then counsel for Miss Dodd had Sheriff Sweetland seized the four cars on a writ of execution. The cars seized were number 24, 26 and 46 and repair car number 10. The sheriff took a bond instead of leaving a man in charge. Since the seizure was made, Miss Dodd's counsel has been notified that the company intends to carry an appeal to the supreme court. There is no likelihood of the cars being sold, as some arrangement will doubtless be made.

Ottawa Journal 22 February 1906

SALE OF THE ELECTRIC CARS
Stay in Execution Ordered in Case of Miss Dodd Against Ottawa Electric Railway

A stay in execution has been ordered in connection with the proposed sale on Saturday next of four electric cars of the Ottawa Electric Railway Company which were recently seized to satisfy the judgment of the High Court, sustained by the Divisional Court and the Court of Appeal, for $1,200 in favor of Miss Theresa Dodd, of Ottawa.
The seizure was made not because the Ottawa Electric Railway Company was unable to liquidate the judgment, but presumably to forestall the intention of the company to carry out the appeal of the Supreme Court of Canada.
The stay of execution was ordered yesterday by the Court of Appeal, Toronto. This means that the sale of the cars will be postponed indefinitely, and that the way is now open for the Railway Company to carry the appeal against the $1.200 judgment to the Supreme Court. Action has already been taken in this direction
This is the case in which Miss Dodd claimed damages for injuries resulting from a fall from a street car.

Ottawa Citizen 15 May 1906

Supreme Court Throws Out Appeal in O.E.R Co. vs. Dodd
Ottawa Electric Railway company v. Dodd was heard in the supreme court yesterday. The respondent sued to recover damages for personal injuries incurred in falling when getting on a car, owing to its being started before she was aboard and the consequent jerk causing her to fall. The jury found that the company was negligent in starting the car before the respondent was on the platform of the vestibule and also that it had started the car at too fast a rate. The divisional court and court of appeal sustained a verdict of $1,200 against the company. Counsel for the appellants argued that as the only evidence was that of the plaintiff, who did not prove that the starting of the car caused her to fall, the jusry had no right to infer that it did. The court dismissed the appeal without hearing counsel for the respondent.


February 1956  Canadian Pacific Railway


Bruce Chapman provided this picture of the locomotive which was seized. He writes:
"I went through my 8x10's and found a shot of 2514 taken at Sudbury Ontario in May 1953 by Bill Coo.
"In Omer Lavallee's CP Steam Locomotive book, 2t514 was assigned to Sudbury in 1952, and then got transferred to Ottawa West not long after.
"After the ruckus was over with the lawsuit, 2514 was moved to Smiths Falls and spent most of the next couple of years tied up until it was scrapped at Angus on April 28th, 1961."

Ottawa Citizen 10 July 1956

Hull, Que., July 10 CPR Locomotive 2514 tonight puffed its way along the winding, 90-mile Ottawa-Maniwaki, Que., run free of its first brush with the law in 49 years.
Up until a few hours before departure. 2514 , was under seizure and in danger of being sold at public auction because the multi-million dollar railway had not paid  $218.75 debt. It was able to operate only because it had been placed in custody of its crew.
But CPR Lawyer Joseph St. Marie of Hull straightened matters out at 3 p.m. by paying court costs of $202.50 and a bailiff's fee of $14.25. The ancient locomotive, built in 1907, was free of legal entanglement.
The locomotive, tender, one baggage and two passenger cars were seized yesterday at 5:35 p.m. by Maurice Chevalier, Quebec Superior Court bailiff on the application of Lawyer Harold Maloney.
Mr, Maloney obtained writ of execution on behalf of Raymond Foucault, awarded $202.50 court costs against the CPR earlier this year. The costs were awarded Mr. Foucault when the Quebec Superior Court dismissed a damage action launched against him by the railway.
The train was seized as it stood in Hull station yesterday loaded with commuters who spend the summer in cottages in the Gatineau hills. For good measure Mr. Chevalier also seized six benches, four chairs, one table and a typewriter in the station.
"I thought I had seized pretty nearly everything in my time as a baliff," Mr. Chevalier said. "But this is the first time I ever seized a railroad train!
Mr.   Chevalier   served   his papers on J.  R. Thibaudeau, CPR telegraph operator at Hull station. But Thibaudeau was unable to make payment.
Mr. Chevalier then said the train, and other property would be sold at public auction July  23 at 5.35 p.m. unless the CPR paid up. The auction would have taken place at the station after arrival of the train from Ottawa, on its run to Maniwaki.

Ottawa Journal 10 July 1956

Bailiff Seizes Maniwaki Train for payment of Hull Lawyer's Costs
J. Harold Maloney, QC, of Hull, has established what may be a legal precedent.
Mr. Maloney caused the Canadian  Pacific Railway's Ottawa to Maniwaki train to be seized for payment of costs in an action instituted by the company against his client, one Raymond Foucault, also of Hull.

Writ Served
Copy of the writ of execution was served yesterday afternoon at 5.35 by Maurice Chevalier, bailiff of the superior court of the District of Hull, on J. R. Thibadeau, CPR operator at Hull station. The station is the company's principal place of business in the city.
Seized, specifically were one locomotive and one tender number 2514, one baggage wagon, number 3559, and two passenger wagons, numbered 3260 and 1589. Included in the grab for good measure were six benches, four chairs, one table and one typewriter on the station premises.
"I thought I had seized pretty nearly everything in my time as a bailiff", Mr. Chevalier told The Journal, "but this is the first time I ever seized a railroad train."
After making the seizure Mr. Chevalier permitted the train to proceed on its way to Maniwaki.
The course of events which led to Mr. Maloney's contribution to the annals of Canadian jurisprudence commenced on December 23, 1952.
On that date, Raymond Foucault, while travelling on train No. 535 from Ottawa to Maniwaki, slugged a CPR employe, Albert H. Costello, and subsequently, pleading guilty to a charge of assault in Hull Magistrates Court before Judge Jacques Boucher, paid his fine.
On March 1, 1954, the CPR instituted an action in Superior Court against Foucauld for damages in the amount of $496.92 resulting from injuries to the employe, compensation paid him, and expense the company alleged it had been put to because of that assault and the prosecution of the defendant in Criminal Court.
The action was tried in Hull Superior Court before Mr Justice Elie Salvas on February 28, 1956. Mr. Maloney acted for Foucault.
Messrs. Ste. Marie and Ste. Marie of Hull acted for the CPR.
Judge Salvas dismissed the plaintiff's action with costs on the grounds that it had not been brought within one year from the date of conviction for the assault. It had been outlawed. Judgment was recorded on June 4.
Gets a writ of execution.
The CPR had 30 days in which to appeal and failing to so do Mr. Maloney got his writ of execution for his costs, taxed at $202. 60. The bailiff, Maurice Chevalier, received the writ on Friday, July 6th, and served it yesterday.
Under the Quebec law, sale of seized movables, in the city of Hull, including such as railway trains, must be advertised in French and English in a newspaper or newspapers published in the city. No sale can be held until 8 days have elapsed from the time of publication. If Mr. Maloney's costs are not paid the CPR's Ottawa to Maniwaki train, No. 535 will be advertised for sale in the Hull weekly L'Opinion together with the benches chairs and typewriter.
"I plan to hold the sale unless the costs are paid", Mr. Chevalier said. "It will be at Hull station on the afternoon of Monday, July 23 at 5.35 in the afternoon.

Duncan duFresne wrote about this in Branchline of June/July 2002. Bruce Chapman has provided this copy:

Click here to see a copy in pdf format



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