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JOCKEY CLUBS CONTROL THEIR PREMISES Court Decision to This Effect Affirmed in Appeal of Scully Case at Toronto Toronto Ont November 20 The Divisional Court has affirmed the decision of Justice Kelly in a case heard last June when the action of a Itook inaker for damages and injunctions by nason of his ejectment from the course of the Hamilton Jockey Club was dismissed He alleged that the ejectment was due to a conspiracy on tlie part of the Cana ¬ dian Racing Associations On the facts it was found that John Scully the plaintiff in the case had done the things hi denied and liecause of which tlie ruling of the Canadian Racing Associations against bis was made As a matter of law It was decided that there was no malice but really liberal and generous consideration for Scully in the course taken by the Canadian Racing Associations which he did not appreciate Even if there had been malice it would not have affected the case as the clubs had a perfect legal right to do what they did and the plaintiff had no grounds of action it was decided decidedThe The appeal against tho decision of the single judge was taken to the Divisional Court where it was heard by Justices RIddell Chile and Sutherland Written judgments were given by Judges Riddcll and Clute It was found that the Canadian Racing Associations acted strictly within their rights and that as the Hamilton Jockey Clubs ejectment of the plaintiff was a legal act there could be no damages The appeal was dismissed with costs the judgment of the lower court being sustained In every particular particularThis This is the end of the case unless the Court of Apical were to give special permission for an appeal to that liody Without such special ermission it is not imssihle to carry the litigation farther Scully has a similar case now on the records against the Ontario Jockey Club from whose grounds as well us those of the Windsor Club he was also ejected
