The Archive · 1927

Defendants Within Rights

In this case the plaintiffs claim the right to continued enjoyment of the electric power supplied by the defend-lants while refusing to recognize their obligation to. pay on the scale} laid down by the regulations of the association the taxes necessary to provide its revenue.

This Court derives its power from Land Regulations 27 and it con-Jsequently cannot admit argument tending to show that Land Regulation 'I—the regulation under which the amount of the rate is fixed—is other than reasonable.

The claim of the plaintiffs that the Jdefendants were not acting within {their rights in discontinuing the supply of electric power must, therefore "Tt remains to cousiger wither such right was exercised by the defendants in a reasonable manner.

The notice of discontinuance serv-Jed by the defendants on the plain. tiffs was limited to the supply of Jelectric power to the printing press, whereas in fact the defendants dis-Jcontinued, in addition, the supply of ower to the pi light and Now it is obvious that the exercise minimum limits: necessary, and it is teasy to conceive of cases in which the discontinuance of public utilities necessary to -health and. security might entail consequences detriment fal to the community. In this case] the Court finds that the additional] "discontinuance of the supply of!

The Court therefore makes the coat, following order:—

'Nominal' Damages (2) The petition of the plaintiffs {for a perpetual injunction restrainting defendants from discontinuing the supply of electric power to the laintif's is dismissed,.and the tem-

LIN, J. Dohso gave corrobéra! evidence "and denied been any frame Uj Cecil Moy Hing, gave evidence to the effect that. he accompanied the respondent to the house in question and later in the evening wasvasked to leave the room in-which were the porary injunction granted pending respondent anda Chinese girl, He the hearing of this ease is dissolved, returned to' the room some 20 (2) The gum of Tis, 129.20, being] minutes Inter.and found both the the amount of the general muniefpal respondent and the girl fully clothed, rate lawfully due upon the premi Theyrall had.been drinking.and were occupied by the plaintiffs, to be paid a Mittle folly." In reply to Mr. to the defendants out of the moneys toi is in eross examination, witness aeponited by the plaints with the that the confession which he had made, -and which was produced in pale, The balance of the moneys do-Court by counsel, had been forced by the plaintiffs with the ffrim him by four the: latter Gourt after deducting (a) the sum of threatening. him with razor.and a Tls. 139.20, and (b) the.amount of hatchet. 'The confession -was not the plaintiffs' court fees, to be paid read in Court, out to the plaintiffs.

The hearing was adjourned.

(4) The sum of one dollar to be paid by the defendants to the plaintiffs as nominal damages in respect

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account