The plaintiff brought an action against a municipality for causing damage by allowing water from a drain to overflow on to his property. The plaintiff recovered 250l. damages. Upon a motion by the defendant municipality for leave to appeal to the Privy Council under the Order in Council, affidavits were filed to show that the cost of repairing the drain so as to prevent the overflow would be considerably over 500l.; on the part of the plaintiff it was alleged that the cost should not exceed 150l. or 200l.