ERIC KRAUSE

In business since 1996
- © Krause House Info-Research Solutions -

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ERIC KRAUSE GENEALOGY

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LYNDA'S CORNER 
Lynda Jean Richards, b. Rimmer, m. Krause

GENEALOGY

PATERNAL SIDE

RIMMER LINEAGE

RIMMER

DESCENDENTS

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)
AND
SUSAN COAKLEY (c. 1903 - )

SON OF JOHN RIMMER AND ALICE (KNOWLES) RIMMER

25 OLD ROAD, ASHTON IN MAKERFIELD

--------------------------

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

NELLIE RIMMER

1915

JUNE 28 - OCTOBER 25

Ernest Rimmer in the British Army WWI Pension Records 1914-1920

    ERNEST RIMMER

United Kingdom, World War I Service Records, 1914-1920
Affiliate Publication Number WO 364
GS Film Number 007282719
Digital Folder Number 007282719
Image Number

https://familysearch.org/ark:/61903/1:1:QVBL-N6FP

• Name: Ernest Rimmer
  Gender: Male
  Birth Date: abt 1896
  Age: 19
  Document Year: 1915
  Residence Place: 25 Old Road Ashton-in-makerfield
  Regimental Number: 092287
  Regiment Name: Army Service Corps
  Form Title: Short Service Attestation
  Number of Images: 11
  Other Records: Search for 'Ernest Rimmer' in other WWI collections
  Family Members:
  Name Relation to Soldier
  Ernest Rimmer Self (Head)
  Nellie Rimmer Sister

NELLIE RIMMER

Nellie Rimmer in the British Army WWI Pension Records 1914-1920

• Name: Nellie Rimmer
  Gender: Female
  Document Year: 1915
  Residence Place: Ashton in Makerfield
  Relationship to Soldier: Sister
  Form Title: Descriptive Report on Enlistment
  Number of Images: 11
  Other Records:
  Family Members:
  Name Relation to Soldier
  Ernest Rimmer Self (Head)
  Nellie Rimmer Sister

Regimental Number T.4/092287, Discharged October 25, 1915, Mis-statement of age since under 17 at date of application

http://search.ancestry.co.uk/search/

SUSAN COAKLEY

1921

Susan Coakley in the Canadian Passenger Lists, 1865-1935

http://search.ancestry.ca

Susan Coakley in the 1921 Census of Canada

http://search.ancestry.ca

1924

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

S. S. Montcalm, Sailed Liverpool, England, March 21, 1924;
Arrived Saint John, New Brunswick, March 28, 1924

T-15172, 234, 235

Ernest Rimmer on the S. S. Montcalm sailed March 21, 1924; Roman Catholic; English Race

Destined to stay with his brother William Rimmer, 56 Rose Avenue, Brantford
John Rimmer, 25 Old Road, Ashton in Makerfield, was his father [Ashton-in-makerfield, Wigan, Lancashire]

http://www.collectionscanada.gc.ca/microform-digitization/006003-119.01-e.php?q2=5&q3=730&sqn=235&tt=2960&PHPSESSID=s6h5oohurc1mrs7f36efppkk81

http://www.collectionscanada.gc.ca/microform-digitization/006003-119.01-e.php?q2=5&q3=730&sqn=234&tt=2960&PHPSESSID=s6h5oohurc1mrs7f36efppkk81

[Note: In 1921, 56 Rose Avenue is in Ward 5, Sub-District 45, and occupied by Albert A, White - 1921 Census of Canada]

Passenger lists leaving UK 1890-1960

Source for the above information: http://www.findmypast.co.uk/passengerListPersonSearchStart.action

Source: Canada, Ocean Arrivals (Form 30A), 1919-1924
Reference and text provided by Kate (Lowe) Latham, Brampton, Ontario on her "Kats Paternal Tree" on ancestry.ca.
Source Citation: Library and Archives Canada, Form 30A Ocean Arrivals (Individual Manifests), 1919-1924, Rolls T-14939 through T-15248

1925

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

SUSAN COAKLEY

August 8

MARRIED : NEW TORONTO

RESIDENCE: LONG BRANCH / OAKVILLE

• Ernest RIMMER [c1900-], 25, rubber worker, ENGLAND, of New Toronto, s/o John RIMMER (b. ENGLAND) & Alice KNOWLES, married Susan COAKLEY, 23, housemaid, SCOTLAND, of New Toronto, d/o James COAKLEY (b. SCOTLAND) & Ephemia HUTCHISON, witn: J. McLAUGHLIN of 7th St. New Toronto & Matilda KANE of Oakville, 8 August 1925, New Toronto - http://homepages.rootsweb.ancestry.com/~maryc/york1925p2.htm

• Marriage Information:

• Parents of Susan Coakley:
  • James Coakley (Birth abt 1873 in Ireland - Came to Canada, 1921)  and Euphemia Hutchison (Birth abt 1876 in Glasgow, Lanarkshire, Scotland)
    • Children:
      • Euphemia Coakley (b. 1900) – (Came to Canada, 1921)
      • William Coakley )b. 1900) –
      • Susan Coakley (b. 1903) –  (Came to Canada, 1921)
      • John Coakley (b. 1904) – (Came to Canada, 1921)
      • Olive Coakley (b. 1907) – (Came to Canada, 1921)
      • Jeanie Coakley (b. 1908) – (Came to Canada, 1921)
      • James Coakley (b. c. 1914) - (Came to Canada, 1921)

Source: Ancestry.com. Canadian Passenger Lists, 1865-1935 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2010.

Reference and text provided by Kate (Lowe) Latham, Brampton, Ontario on her "Kats Paternal Tree" on ancestry.ca.

September 19

• 23569-25 (York Co) John McLAUGHLIN, 26, laborer, Scotland, New Toronto, s/o Thomas McLAUGHLIN (b. Scotland) & Mary CLAVEN, married Matilda KANE, 22yr 10mo, nursemaid, Scotland, New Toronto, d/o William KANE (b. Ireland) & Jean ROXBOROUGH, witn: E. RIMMER & S. RIMMER both of Long Branch, 19 Sept 1925 at New Toronto
  •  http://homepages.rootsweb.ancestry.com/~maryc/york1925p2.htm

DECEMBER, 1925

What did Rimmer say when he got that phone message?
(Nuff said). A little too previous, wasn’t it, Ernie?

The Wingfoot Clan, December 1925, Page 4 - Goodyear Canada - New Toronto - Bowmanville

http://www.newtorontohistorical.com/Wingfoot%201925.pdf

1927

AUGUST 6

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

OAKVILLE, ONTARIO

1930

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

OAKVILLE

MCDONALD AVENUE / MACDONALD AVENUE

https://archive.org/stream/torontocitydirectory1930#page/1304/mode/2up 

• [Rimmer] Ernest rubber wkr Goodyear Tire h McDonald av (Oakville)

Might's Greater Toronto city directory, 1930, p. 1305

[Note: A Geo Gallow, a curer at Goodyear Tire, also lives on MacDonald Av in Oakville https://archive.org/stream/torontocitydirectory1930#page/576/mode/2up
Might's Greater Toronto city directory, 1930, p. 576

1931

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

OAKVILLE

https://archive.org/stream/torontocitydirectory1931#page/1348/mode/2up 

• [Rimmer] Ernest curer Goodyear Tire res Oakville

Might's Greater Toronto city directory, 1931, p. 1349

-----------

1931 CANADA CENSUS

MCDONALD AVENUE

https://central2.bac-lac.gc.ca/.item/?id=e011644169&app=census1931&op=img

Province: Ontario District name: Halton District number: 112 Sub-district name: Oakville (Town), No. 41 Sub-district number: 41, Page 18

• Ernest Rimmer - Age 30 - English -Born England - Immigrated  1922 - Presbyterian - Renting 6 occupied rooms ($25 per month) - Has a radio - Rubberworker - Rubber Factory - $780 earnings since June 1, 1930 (i.e the last 12 months) - At work on June 1, 1931 - 13 weeks unemployed last 12 months - Illness

• Susan Rimmer - Age 28 - Scottish - Born Scotland - Immigrated  1920 - Presbyterian - Homemaker

• Shirley Rimmer - Age 5 - English - Born Ontario

• Pearl Rimmer - Age 3 - English - Born Ontario

NOTE:

George Gallow (a Factory Rubberworker) is mentioned on this same census page as is Susan's brother, James Coakley

1933

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

OAKVILLE

https://archive.org/stream/torontocitydirectory1933#page/1236/mode/2up

• [Rimmer] Ernest rubber wkr Goodyear Tire res Oakville

Might's Greater Toronto city directory, 1933, p. 1236

1936

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

OAKVILLE

https://archive.org/stream/torontocitydirectory1936#page/1118/mode/2up

• [Rimmer] Ernest rubber wkr Goodyear Tire res Oakville

Might's Greater Toronto city directory, 1936, p. 1119

1939

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

• It looks as if Snowball will have to either get the old crate out again or hitch up a horse while Rimmer is on his vacation in order to get to work ...

• E. Rimmer usually spends his vacation each year in New York, and never misses visiting Harlem, the coloured section. Maybe believes in the saying that coloured people change your luck ...

  • The Wingfoot Clan, Volume 21, New Toronto, August 15, 1939, Bowmanville, No. 15, p. 2- http://www.newtorontohistorical.com/Wingfoot%201939.pdf

   

• Ernie Rimmer can ... next four Veteran's dinners ... paying for his tickets ... ing out anything as he ... complete dinners. On ... home he became ... Freemans. The cold ... weighted him down ...

  • The Wingfoot Clan, Volume 21, New Toronto, November 30, 1939, Bowmanville, No. 22, p. 2, - http://www.newtorontohistorical.com/Wingfoot%201939.pdf

1940

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

SUSAN (COAKLEY) RIMMER

Canada, Voters Lists, 1935-1980

OAKVILLE

Name: Ernest Rimmer
Occupation: Rubber Worker
Year: 1940
Location: Halton, Ontario, Canada
Electoral District: Halton

• Oakville

Name: Mrs Ernest Rimmer
Gender: F (Female)
Year: 1940
Location: Halton, Ontario, Canada
Electoral District: Halton

http://search.ancestry.ca

1943

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

THURSDAY, FEBRUARY 18

Ernest Rimmer - Court Case

http://search.canadiana.ca/view/omcn.PortCreditWeekly_5/869?r=0&s=6 
- The Port Credit Weekly, February 18, 1943, p. 4

SHIRLEY RIMMER

JULY 1, 1943

S RIMMER

• Port Credit High School Announces Promotions .... Commercial Department --- Grade 10C ... Pass ... S Rimmer ...

  • The Port Credit Weekly, July 1, 1943, p. 1,  http://search.canadiana.ca/view/omcn.PortCreditWeekly_5/1021?r=0&s=5

UNKNOWN DATE FOR RIMMER'S RESTAURANT

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

• Ernest Rimmer, operator of a fish and chip shop, lived in Port Credit, Ontario, and was the cousin of Joseph Lowe of Lakeview about 5 minutes up the road from Ernest Rimmer

  • E-mail of January 16, 2011, from Kate Latham, Brampton Ontario who, in her memo, noted that she is a descendant of Elizabeth Knowles (Lynda's Great Aunt) and James Lowe. Their son, Joseph Lowe (the great grandfather of Kate Latham) came to Canada and settled in Lakeview.

  • Kate Latham ... in Port Credit. Rimmer's Fish and Chips was owned by a distant cousin of mine. .... August 20, 2014 at 5:25am - https://www.facebook.com/visitPAMA/photos/a.10151252079084134.509182.29570344133/10152651221574134/

The Parents of Joseph Lowe were James Lowe 1846 – 1915 AND Elizabeth Knowles 1848 –  ]

COUSIN JOSEPH LOWE: ARRIVES IN CANADA, JANUARY 30, 1920

1944

SHIRLEY OLIVIA JEAN RIMMER

(August 25, 1926-December 12, 2016)

JULY 6

SHIRLEY RIMMER

OAKVILLE

Miss Shirley Rimmer, daughter of Mr. and Mrs. Ernie Rimmer, rescued three boys from Lake Ontario Tuesday afternoon

The Canadian Champion - July 6, 1944, p. 4  - Milton Ontario

http://images.ourontario.ca/Partners/MPL/MPL002493358pf_0672.pdf

http://news.milton.halinet.on.ca/search

JULY 6, 1944

PEARL RIMMER (1928 - )

• Port Credit High School Promotions ... Commercial Department ... Grade 10C to Grade 11C ... Conditional Promotion .... Pearl Rimmer (Fr.) ...

  • Port Credit Weekly, July 6, 1944, p. 5, http://search.canadiana.ca/view/omcn.PortCreditWeekly_6/16?r=0&s=4

  SHIRLEY OLIVIA JEAN RIMMER

  (August 25, 1926-December 12, 2016)

JULY 6, 1944

SHIRLEY  RIMMER

• Port Credit High School Promotions ... Commercial Department ... Grade 11C to Grade 12C ... Pass  ... Shirley Rimmer  ...

  • Port Credit Weekly, July 6, 1944, p. 5, http://search.canadiana.ca/view/omcn.PortCreditWeekly_6/16?r=0&s=4

  •   

PEARL RIMMER (1928 - )

SHIRLEY OLIVIA JEAN RIMMER

(August 25, 1926-December 12, 2016)

NOVEMBER

PORT CREDIT

Pearl Rimmer --- Sister Shirley Rimmer is also mentioned in this article

http://www.pcssalumni.com/PDF/High-Light-Nov-1944.pdf - High Light, Volume 1, No. 2, November, 1944 -
Port Credit High School Monthly Journal, p. 4

POST 1944

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

UNITED STATES

Alien Case Files at the National Archives at Kansas City, 1944–2003

• Name: Ernest Rimmer
  Birth Date: 12 Oct 1899
  Country of Origin: United Kingdom
  Registration number: 10748407

  • U.S., Index to Alien Case Files at the National Archives at Kansas City, 1944–2003 about Ernest Rimmer

    • http://search.ancestry.ca - Kats Paternal Tree

    • http://search.ancestry.ca/cgi-bin/sse.dll db=kanmoaliencasefile&h=81027&ti=5543&indiv=try&gss=pt&ppvhash=
      ad63c1fbd1f8f50ae919cf0697adc028000039c53b484cbd

1945

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

February 15

Rimmer's [Restaurant]

The Port Credit Weekly, February 15, 1945, p. 4
- http://pub.canadiana.ca/view/omcn.PortCreditWeekly_6/271?r=0&s=6

JUNE 20, 1945

Gray Coach Lines Ltd. v. Payne
Collection Supreme Court Judgments
Date 1945-06-20
Report [1945] SCR 614
Judges Kerwin, Patrick; Hudson, Albert Blellock; Taschereau, Robert; Rand, Ivan Cleveland; Estey, James Wilfred
On appeal from Ontario
Subjects Torts

Supreme Court of Canada

Gray Coach Lines Ltd. v. Payne, [1945] S.C.R. 614

Date: 1945-06-20

Gray Coach Lines Limited and Leslie White (Defendants) Appellants;

and

Leona Payne (Plaintiff) Respondent.

1945: June 5, 20.

Present: Kerwin, Hudson, Taschereau, Rand and Estey JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Negligence—Motor vehicles—Collision—Action for damages—Jury’s findings—Principles applicable on question as to setting them aside.

In a case tried by a jury, the question whether there is any evidence on any particular issue is distinct from that whether the jury’s verdict may stand as being one to which reasonable men might have come. In the latter enquiry the principles to be followed are as set forth in McCannell v. McLean, [1937] S.C.R. 341, where it is said at p. 343: “The verdict of a jury will not be set aside as against the weight of evidence unless it is so plainly unreasonable and unjust as to satisfy the court that no jury reviewing the evidence as a whole and acting judicially could have reached it.” If, however, there is no evidence, then an appellate court has the right and the duty to set aside the verdict.

[Page 615]

The present action was for damages for death of a passenger in a motor car which collided with defendant’s coach. The jury found negligence against defendant and against the driver of the car in which the deceased was a passenger, and apportioned the fault. This Court held that, as to one finding against defendant by the jury, reading it in connection with all the answers of the jury, it was fairly arguable that it fell within negligence alleged, and, in accordance with the principles above mentioned, the action should not be dismissed; but, as to the other finding against defendant by the jury, there was no evidence to support it, and as this wrongful finding might have influenced the jury in their apportionment of fault, there should be a new trial.

APPEAL by the defendants from the judgment of the Court of Appeal for Ontario dismissing their appeal from the judgment of Hope J. at trial upon the findings of the jury.

The plaintiff, suing under The Fatal Accidents Act, R.S.O. 1937, c. 210, claimed damages for the death of her husband, a passenger in a motor car driven by one Rimmer, caused when the said motor car, proceeding easterly on Ontario Highway No. 2, came into collision with the defendant company’s motor coach, driven by the defendant White, proceeding westerly. The accident occurred at about 10 p.m. in the evening of December 24, 1942.

The questions to and answers by the jury are set out in the reasons for judgment in this Court infra. They found negligence (causing or contributing to the accident) in the defendants and in Rimmer; their findings being: a certain finding against the defendant company as to the brakes; a finding against the defendant driver (White): “poor judgment used. Instead of turning left, he should have turned to the right”; and a finding as to Rimmer that “he had been driving more to the north side of the road previous to the accident and in our opinion he failed to pull over to the south side of the road as soon as he might have”. They apportioned the fault: against the defendants 80 per cent. and against Rimmer 20 per cent.

An appeal by the defendants to the Court of Appeal for Ontario was dismissed (per Gillanders and Laidlaw JJ.A.; Henderson J.A. dissenting). Laidlaw J.A., with whom Gillanders J.A. agreed, stated that he had concluded that the Court could not interfere with the jury’s findings or with the judgment entered thereon; he was unable to say that the jury’s findings were unsupported or that they did

[Page 616]

not constitute good findings in law; while he did not agree with all their findings, he could not substitute his conclusions as to the facts for those of the jury; it was not open to him to determine that the findings of a jury were perverse or unfair so long as there was some evidence in support of them; it was not for the Court of Appeal to test or re-test the weight of the evidence. Henderson J.A., dissenting, held that there was no evidence whatever to support the jury’s finding as to the brakes; and that their finding against the defendant White, “poor judgment used. Instead of turning left, he should have turned to the right,” could not be supported; that White “was at the time and at the last moment in the agony of the emergency attempting to avoid the motor car which was travelling on his side of the road and in that effort he turned his motor coach to the left. Unfortunately the motor car which was approaching the motor coach on its wrong side of the highway, at the last moment was also turned to its driver’s right, but the finding of the jury in answer to the fourth question makes it clear that it was the motor car which was travelling on the wrong side of the highway up until the instant preceding the collision”; and that it could not be negligence for White to act as he did in the circumstances.

The defendants appealed to this Court.

I.S. Fairty K.C. and A.H. Young K.C. for the appellants.

J.W. Pickup K.C. and I. Levinter K.C. for the respondent.

The judgment of the Court was delivered by

KERWIN J.—The widow of George Francis Payne brought this action under The Fatal Accidents Act of Ontario for damages for the death of her husband, caused by the alleged negligence of the appellants, Gray Coach lines Limited and Leslie White. On December 24th, 1942, Payne was a passenger in a motor vehicle owned and operated by Ernest Rimmer. The motor vehicle was proceeding easterly on Provincial Highway No. 2, in the Township of Toronto, when it was struck by a coach or autobus owned by the appellant Gray Coach Lines Limited, and being driven by the appellant White in a west-

[Page 617]

erly direction. The action was tried with a jury which, after a charge that is not now objected to, answered the questions put to them as follows:—

1. Was the accident caused or contributed to by any fault or negligence of the defendants or either of them?

Answer: (“yes” or “no”)—“Yes.”

2. If the answer to No. 1 is “yes” then state fully in what did the fault or negligence of the defendants or either of them consist?

(a) (the defendant company)—“Faulty brakes. Reason:—Taking into consideration the condition of the highway the brakes did not act according to the test of the Gray Coach Lines.”

(b) (the defendant driver)—“Poor judgment used. Instead of turning left, he should have turned to the right.”

3. Was the accident caused or contributed to by any fault or negligence of Rimmer, the driver of the automobile in which the deceased was a passenger?

Answer: (“Yes” or “no”)—“Yes.”

4. If the answer to No. 3 is “yes”, then state fully in what did the fault or negligence of Rimmer consist. “He had been driving more to the north side of the road previous to the accident.”

5. If the answer to No. 1 is “yes” and to No. 3 is “yes”, then state if in your opinion it is practicable to apportion the degree of fault or negligence as between the parties?

Answer (“yes” or “no”)—“Yes.”

6. If the answer to No. 5 is “yes”, then state the proportion of fault or negligence attributable to each:—

(a) the defendants..............................................

80%

(b) the driver Rimmer.........................................

20%

100%

7. Regardless of the degree of fault attributable to either party, state the amount at which you assess the total damages of the plaintiff.

$8,500 Plus Costs.

[Page 618]

The jury were sent back to clarify their answer to question 4 to which they thereupon added the words “and in our opinion he failed to pull over to the south side of the road as soon as he might have.” While apparently considering that the findings were not justified, the trial judge entered judgment for the plaintiff for the sum of $6,800 and costs. On an appeal by the defendants to the Court of Appeal for Ontario, Mr. Justice Laidlaw, with whom Mr. Justice Gillanders agreed, considered that he was precluded by the law and the evidence from interfering with the jury’s findings. Mr. Justice Henderson was of the opinion that there was no evidence to warrant the jury’s findings against the defendants.

In a case tried by a jury the question whether there is any evidence on any particular issue is distinct from that whether the jury’s verdict may stand as being one which reasonable men might have come to. Mechanical and General Inventions Co. Ltd. and Lehwess v. Austin et al[1]. The principles which must be followed in the latter inquiry are set forth in McCannell v. McLean[2], where Chief Justice Sir Lyman Duff states, at page 343:—

The verdict of a jury will not be set aside as against the weight of evidence unless it is so plainly unreasonable and unjust as to satisfy the court that no jury reviewing the evidence as a whole and acting judicially could have reached it.

As was there pointed out, the same rule had been set forth in numerous cases in this Court, the then most recent one being C.N.R. v. Muller[3], and was the same guide by which the judges in England had governed themselves as exemplified in the judgment of Lord Wright, delivered in the Mechanical case[4], which judgment was adopted by Lord Atkin and Lord McMillan. The same rule has been consistently followed ever since.

If, however, there is no evidence, then a Court of Appeal has the right and the duty to set aside a verdict. It was admitted on the argument before us that the amendment allowed by the Court of Appeal to the particulars of negligence alleged in paragraph 7 of the statement of claim so as to add thereto clause (j), “the defendant’s bus was being driven with faulty brakes”, had really been permitted by the trial judge although the record had not been amended.

[Page 619]

There is no evidence upon which the jury could say in the answer to question 2 (a) that the fault or negligence of the defendant company consisted of “Faulty brakes. Reason,—taking into consideration the condition of the highway, the brakes did not act according to the test of the Gray Coach Lines.” The only testimony upon this point is that of the witness Wood, a service mechanic in the employment of the appellant company. On December 21st he tested the brakes on the coach concerned in the accident and merely testified that the coach could be stopped in a certain number of feet, depending upon whether the foot-brake or hand‑brake was used. He was not cross-examined. White, the operater of the coach with a full coach load of passengers did not attempt to apply any brake so as to bring the coach to an immediate stop.

If this were the only fault or negligence found against the Coach Company or the driver, the action should be dismissed. However, the answer to question 2 (b) as to the fault or negligence of the driver is given as “poor judgment used. Instead of turning left he should have turned to the right.” There is considerable force in Mr. Fairty’s argument that the latter part of this answer applies to what the coach driver should have done in an emergency but, upon consideration, I am unable to say that that is the only way in which it may be construed. In any event, the first part, “poor judgment used”, must be taken in connection with all the answers and, so reading it, it is fairly arguable that it falls within the negligence alleged in the statement of claim. Of course, any difficulty on the score of pleading felt by the Court of Appeal was removed by its order permitting an amendment. Under all the circumstances, I am not disposed to quarrel with that order since the Court of Appeal must have concluded that such an amendment did not deprive the defendants of their right not to be called upon to meet a case not open on the pleadings.

On the whole case I find it impossible, in accordance with the principles already adverted to, to dismiss the action, but, as in Reynolds v. C.P.R.[5], the wrongful finding of the ground of negligence against the Company in the answer to question 2 (a) may have influenced the

[Page 620]

jury in their apportionment of the fault or negligence attributable to the defendants and Rimmer. There should, therefore, be a new trial upon the record as amended. The appellants are entitled to their costs in the Court of Appeal and in this Court and the costs of the abortive trial will abide the event of the new trial.

Appeal allowed with costs; new trial directed.

Solicitor for the appellants: I.S. Fairty.

Solicitor for the respondent: A.M. Garrison.

[1] [1935] A.C. 346.

[2] [1937] S.C.R. 341.

[3] [1934] 1 D.L.R. 768.

[4] [1935] A.C. 346.

[5] [l927] S.C.R. 505.

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/3648/index.do

-------------

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

March 15

Ernie Rimmer

The Port Credit Weekly, March 15, p. 4
http://pub.canadiana.ca/view/omcn.PortCreditWeekly_6/303?r=0&s=6

-----------

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

SUSAN (COAKLEY) RIMMER

July 26

Mr. and Mrs. Ernest Rimmer are leaving Saturday for two week's holidays at Redstone Lodge, Haliburton

Rimmer's Restaurant

http://pub.canadiana.ca/view/omcn.PortCreditWeekly_6/470?r=0&s=6  -
The Port Credit Weekly, July 26, 1945, p. 4

--------

SHIRLEY OLIVIA JEAN RIMMER

(August 25, 1926-December 12, 2016)

-------

Saturday, July 28

ERNEST RIMMER

(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

-----

RAYMOND STANLEY (STAN) DICKSON

----

PEARL RIMMER (1928 - )

-----

FLORENCE RIMMER

-----

Port Credit

 Shirley Olivia Jean Rimmer, daughter of Mr. and Mrs. Ernest Rimmer of Port Credit, married  Raymond Stanley Dickson on July 28, 1945
Pear Rimmer - sister of Shirley Olivia Jean Rimmer
Florence Rimmer - sister of Shirley Olivia Jean Rimmer

Private Collection - Provided by Lydia Richards

Newspaper Summary Description: Provided by Kate (Lowe) Latham, Brampton, Ontario on her "Kats Paternal Tree" on ancestry.ca.

PEARL RIMMER (1928 - )

OCTOBER

Pearl Rimmer

http://ww.pcssalumni.com/PDF/High-Light-Oct-1945.pdf
- Port Credit High School Monthly Journal - High Light, Vol 2, 1

Name: Ernest Rimmer
Occupation: Restaurateur
Year: 1945
Location: Peel, Ontario, Canada
Electoral District: Peel

• Lakeshore

Name: Mrs Ernest Rimmer
Gender: F (Female)
Year: 1945
Location: Peel, Ontario, Canada
Electoral District: Peel

http://search.ancestry.ca

http://search.ancestry.ca

 1952

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)
SUSAN (COAKLEY) RIMMER 

W. RIMMER

AUGUST 29

ARRIVAL

Empress of Canada, from Montreal, Arrived Liverpool, August 29, 1952

Rimmer, Ernest, 52, Receiver; Rimmer Susan, 49, Housewife
Proposed Address: Ashton-In-Makerfield, Lancashshire
Last Permanent Address: Canada
Country of Intended Permanent Residence: Other Parts of the Empire
Country of which Subject or Citizen: USA

http://search.ancestry.ca

AUGUST 31

ARRIVAL

Reference and text provided by Kate (Lowe) Latham, Brampton, Ontario on her "Kats Paternal Tree" on ancestry.ca.

OCTOBER 14

DEPARTURE

"Kats Paternal Tree" on ancestry.ca.

Passenger Lists leaving UK 1890-1960

- Ernest and Susan Rimmer were visiting: Mr. W. Rimmer, 17 Ladysmith Ave. Ashton-In-Makerfield, Lancashire -

Empress of Canada, October 14, 1952, Leaving Liverpool for Quebec-Montreal

Contract Ticket 29026: Ernest (age 52) and Susan Rimmer (age 49)

Last Address: c /o Mr. W. Rimmer, 17 Ladysmith Ave. Ashton-In-Makerfield, Lancashire

http://search.findmypast.com/record?id=tna%2fbt27%2f1712000029%2f00530

http://search.findmypast.com/record?id=tna%2fbt27%2f1712000029%2f00531

http://search.findmypast.com/record?id=tna%2fbt27%2f1712%2f00%2f0029%2fp%2f0013f&parentid=tna%2fbt27%2f1712000029%2f00530

----------

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada) 
SUSAN (COAKLEY) RIMMER

LAKEVIEW

https://archive.org/stream/torontocitydirectory1952#page/n1465/mode/2up

• [Rimmer] Ernest receiver Snap-On-Tools res Lakeview

Might's Greater Toronto city directory, 1952, p. 1292

Name: Ernest Rimmer
Occupation: Retired
Year: 1957
Location: Peel, Ontario, Canada
Electoral District: Peel

• 516 Lakeshore Rd., E

• Sue Rimmer, 516 Lakeshore Rd., E

http://search.ancestry.ca

1958

JOHN L CAMPBELL

PEARL (RIMMER) CAMPBELL (1928- )

• " [Campbell] John L (Pearl), formn Can Oil h 149 Elgin [*Home owned]

Vernon's city of Sarnia, Ontario, directory - 1958, pp. 103, 403

https://www.familysearch.org/library/books/viewer/714488/?offset=&return=1#page=91&viewer=picture&o=search&n=0&q=140%20elgin

 https://www.familysearch.org/library/books/viewer/714488/?offset=&return=1#page=391&viewer=picture&o=search&n=0&q=140%20elgin

1959

MRS. W. RIMMER

August 13

Gift certificates were won ... Mrs. W Rimmer, 2044 Insely Rd., [2044 Insley Rd.] Port Credit

The Weekly, August 13, 1959, p. 13
- http://pub.canadiana.ca/view/omcn.TheWeekly17/141?r=0&s=6

1960

MRS. W. RIMMER

Mrs. W. Rimmer treasurer ... Westacre's Home and School executive ...

http://pub.canadiana.ca/view/omcn.TheWeekly17/1144?r=0&s=6

- The Weekly, May 19, 1960, p. 14

1961

JOHN L CAMPBELL

PEARL (RIMMER) CAMPBELL (1928- )

• Campbell John L (Pearl) supervisory Can Oil h 149 Elgin [*Home owned]

Vernon's city of Sarnia, Ontario, directory - 1961, pp. 102, 406

https://www.familysearch.org/library/books/viewer/714489/?offset=145#page=94&viewer=picture&o=&n=0&q=

https://www.familysearch.org/library/books/viewer/714489/?offset=145#page=386&viewer=picture&o=&n=0&q=

1963

AUGUST 3

• Rimmer, Ernest (Death notice)
  appeared in Daily Journal Record [Halton, Oakville], 3 Aug 1963, p. 11. Date of Event: 3 Aug 1963

  • http://news2.ourontario.ca/1615224/data?n=1

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

SUSAN (COAKLEY) RIMMER

PEARL (RIMMER) CAMPBELL (1928- )

JACK CAMPBELL

FLORENCE (RIMMER) SMITH

JOHN SMITH (April 20, 1928 - August 19, 2008)

AUGUST 3

PORT CREDIT

Death: Ernest Rimmer, 516 Lakeshore Road R., Port Credit
Susan Coakley (Mrs. Ernest Rimmer, Deceased)
Shirley Rimmer (Mrs. Stan Dickson), Port Credit
Pearl Rimmer (Mrs. Jack Campbell), Sarnia
Florence Rimmer (Mrs. John Smith), Oakville

http://pub.canadiana.ca/view/omcn.TheWeekly21/978?r=0&s=6
- The Weekly, Aug 8, 1963, p. 7

1968

PEARL (RIMMER) CAMPBELL (1928- )

JACK CAMPBELL

Jack Campbell in the Canada, Voters Lists, 1935-1980

http://search.ancestry.ca

Oct 16

MARJORIE RIMMER

Marjorie Rimmer, 2044 Insley Drive ...

The South Peel Weekly, Oct 16, p. 30
- http://pub.canadiana.ca/view/omcn.SouthPeelWeekly_28/423?r=0&s=6

-------------------------

PEARL (RIMMER) CAMPBELL (1928- )

SARNIA

Mrs Pearl Campbell in the Canada, Voters Lists, 1935-1980

http://search.ancestry.ca

2008

FLORENCE (RIMMER) SMITH

JOHN SMITH (April 20, 1928 - August 19, 2008)

AUGUST 19

OAKVILLE

• JOHN SMITH April 20, 1928 - August 19, 2008 I gave up my lover and soul mate of near 59 years - his wife, Florence (nee Rimmer) ...

  A well-respected businessman, John built a distinguished career in the car industry, most notably with Eastgate Ford in Hamilton. He later became a successful developer in Florida where he enjoyed working and visiting for 20 years before his return to Oakville. ....                

  Visitation to be held at the Glen Oaks Memorial Chapel and Reception Centre, 3164 Ninth Line, Oakville, 905-257-8822, on Saturday, August 23rd from 5-8 p.m. The funeral service to be held in the chapel on Sunday, August 24th, 2008 at 1:00 p.m.

  • https://www.legacy.com/obituaries/thestar/obituary.aspx?n=john-smith&pid=117518872

  • Published in Toronto Star from August 21 to September 20, 2008

2013 - 2014

ERNEST RIMMER
(October 12, 1899, Ashton in Makerfield, Lancashire, England - August 3, 1963, Port Credit, Ontario, Canada)

PEARL (RIMMER) CAMPBELL (1928 - )

JOHN CAMPBELL

JOSEPH RIMMER
(May 16, 1886, Ashton in Makerfield, Lancashire, England  - c.1952)

• Sent: Monday, December 02, 2013 10:26 PM

Thanks for the Rimmer info. My grandfather was Ernie Rimmer and mother is Pearl (Rimmer) Campbell.

I am John Campbell living in Sarnia, Ont.   If you would like additional info. I am at ....

 

 Thanks John

• Sent: January 30, 2014 8:56 PM

My mother remembers going to Joe's house in Toronto when she was young but doesn't remember much family connection later in life. She remembers Joe doing the auction circuit , but not much else. My mother Pearl (Rimmer) Campbell (born 1928) is not into computers

thanks, John Campbell

2016

SHIRLEY OLIVIA JEAN (RIMMER) DICKSON

(August 25, 1926-December 12, 2016)

Skinner & Middlebrook Limited Funeral Home
128 Lakeshore Road East
Mississauga, Ontario
CANADA
L5G 1E4

https://www.skinnerandmiddlebrook.com/memorials/shirley-dickson/2792385/obituary.php

General Information
Full Name Shirley Olivia Jean Dickson (Rimmer)
Date of BirthThursday, August 26th, 1926
Date of DeathMonday, December 12th, 2016
Service Information
When Saturday, April 29th, 2017 11:30am
LocationTrinity-St. Paul Anglican Church
Address26 Stavebank Road North
Mississauga/port Credit, ON
Map & Directions
Share on Facebook
Interment Location
Interment Extra Info Evergreen Crematorium

https://www.skinnerandmiddlebrook.com/book-of-memories/2792385/Dickson-Shirley/service-details.php

Shirley was born on August 26, 1926 and passed away on Monday, December 12, 2016. Shirley was a resident of Mississauga at the time of passing. Interment Information CREMATION Evergreen Crematorium.

https://www.legacy.com/obituaries/name/shirley-dickson-obituary?pid=183083356

ANCESTRAL GENEALOGICAL NOTES