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not choked or clogged with sand under the house, as proved by the inspection after the storm when it was opened out in three places, above, at, and below the house.
(iii) that the subsequent excavations revealed the fact that though the Belmont drain had been interfered with by the action of Foughtries' predecessor, it has not collapsed and that it was free and unobstructed throughout.
(II) that providentially for the Government, W. Bowdler was an eyewitness during the height of the storm of what was actually occurring on Foughtries' premises, and that he found the water in the drain had "been stemmed" at a spot above the obstruction artificially placed, by places which shot out the water from its natural channel.
(7) that independently of Mr. Bowdler's evidence, Mr. Pratt's discovered the same obstruction in the drain and is able to corroborate Mr. Bowdler's evidence.
(II.) that it is an absolute impossibility that the obstruction could have come where it was found except by human hands.
On considering this claim, it should, I think, be borne in mind that the Government did not enter Foughtries' premises and build the drain under his house. The drain is of very old date and was in existence before the house was built. Foughtries' predecessor built the house without taking those constructional precautions which...
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