The opinion
MaoLean, J.
(dissenting). It does not seem to me that the plaintiffs have cured, upon the second trial, the defect in their case when it was brought before this tribunal upon the former *322 appeal, whereupon it was pointed out that to recover the.plaintiffs must prove “ such a uniform, continuous and general usage that the defendant must be presumed to have contracted with reference to it”
Judgment affirmed, with costs.