CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 389

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Schefzzarsi or

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