The Lights Out Case: No: Ground for New Trial: No Stay of Execution Allowed Judgment in the appeal by Mr. J. T. Hammond against a verdict obtained against him by the Eastern Advertising Agency was delivered in H. M. Supreme Court on Tuesday. The appeal was heard a week ago before Judge Sir Skinner Turner and Judge Peter Grain, before the latter of whom (and a jury) the case was originally heard. Lhe appeal was dismissed in all points, and appellant intimated that he would carry the matter to the Privy Council, but a stay of execution was refused. The Chief Judge said This is an application for a new trial in an action tried in December last by the learned Assistant Judge sitting with a jury. The action was brought to recover a deposit made by the plaintiff with the defendant when taking a lease from him of certain premises in Foochow Road, on the ground of the breach of covenant by him whereby the plaintiff had to vacate the premises, and for damages consequent thereon. The defendant denied the breach and counterclaimed for the balance of rent due under the agreement and for damages for waste committed by the plaintiffs on the premises. The trial lasted two days: each side -was represented by counsel. The jury's material finding in answer to a question put by the Judge was:—"we are strongly of opinion that the defendant or his agent cut off the electric light (the breach complained of) and that he should return the deposit," and they fixed the damages at Tls. 1 for the days when there was no light, Tls. 100 for general loss of business, and 600 for loss on a special contract. They found for the defendant on the counter claim for 50. The Judge therefore entered judgment for the plaintiffs on the claim for Tls. 701 and 600: and for the defendant on the counter claim for 50: costs to follow' the event.
Text read from the printed page and cleaned; old type leaves the occasional error.