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lst. Case
·
382
Lau Yeong Wood v. The Standard 011 Co.
The hearing of this case commenced on the
9th. March, 1908. Judgment was delivered on the 27th. March.
Defendants asked for a special jury which was refused by the
Chief Justice on the ground that the questions involved were
too technical for a jury to comprehend, but as he stated that
he himself did not understand them he proposed to sit with an
Assessor and "faut de mieux" the defendants accepted this. The
Assessor was Mr. J. Orange, a Civil Engineer and Architect. The
sum involved was rather over $50,000.
A careful consideration of the case will
show that the questions, though to a considerable extent technic-
-al, were largely questions of fact and to the ordinary business
mind essentially a case for a Jury,
As regards the technical side of these
questions, these could have been dealt with by expert witnesses
- such as for instance the Assessor himself who could have
enlightened the Court, and the Jury, where enlightenment was
required.
2nd. Case.
Hip On Insurance Co. and another v.
Li Po Yung.
This was a claim for balance due on a
Mortgage the sum involved was large, about $200,000. The Mort-
-gager asked that the sale of the property be set aside on the
ground (1) that there had been fraud and collussion between the
purchaser and Mortgagees; and (2) that the sale was at a gross
undervalue.
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The defendant to the counter claim (Kwok
Yik Ling) asked for a special jury inasmuch as the above were
absolute questions of fact, while allegations of fraud ought
properly to be invariably dealt with by a Jury.
The Chief Justice gave a written decision
on the application, indicating that this opinion was that there should be a Jury and desiring that the questions to be submitted
to