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also LATEST NEWS OF THE DAY
Containing LEAGUE'S CONDEMNATION OF JAPANESE "HORROR?
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ORIENTALE
TO-DAY
CANTON INSURANCE OFFICE WIN JUDGMENT- IN JUNK ACTION
The co
to which I have that 1- the oyage from Hong Kong to Macao, which began. on the evening of January junk, carrying the insured eargo did not encounter weather other
and
was
the
find it impossible
believe that
the em
than such as might naturally be
sonably these cre
of the
expected in these waters or such ficient sentience to ma as a seaworthy vessel would safely led attack on one part have passed through. The plain sile, sufficiently intense to tiffs have failed to establish to my entirely a piece of planking twenty satisfaction-that the loss of the one inches by fom junk was due to ordinary perils of the sea.
"It follows that it is unnecessary for me to decide whether the sink ing was due to senttling or to the
unsea
PURPOSELE FOLLY On the other hand, there are facts, admitted or already found by me which seem to render scuttling of this junk a piece orthiness of the vessel, re quite purposeless folly I have marked the Chief Justice, Sir found that the cargo insured was Atholl MacGregor, in giving judgin fact on board the junk. There ment for defendants with costs, in is no suggestion that the cargo was the case in which the Hip Fat over-insured, and it is difficult Firm claimed $9,600 from the Can-appreciate what the plaintiffs ton Insurance Office Limited on an to gain by casting away a carg insurance policy against the loss for which they would have to pay of insured cargo on a junk, which land on which they could recove sank on January 3, 1936.
30 more than its value. Admittedly, The plaintifs were
the junk was not insured, and was certainly of considerable value structed by Mr. M. A, da Silva, D'Ahrada, Junior, who was into its owner and master. Further
TO-MORROW by the Honourable Mr. Leo:
ONE OF THE FUNNIEST COMEDIES HOLLYWOOD EVER MADE! ~When misfortune overtook her she turned- to the butler
who knew
just exactly what to do! THE LOVE-LAUGH-AND-THRILL MATCH OF THE CENTURY !
WED. THUR
FRL SAT.
HARLOW TAYLOR Personal Property
Reginald Owen-
"CRIME NOBODY SAW COMEDY
MYSTERY
Lew Ayres Rath Coleman Engene Paletts Bermy Baker.
ROBERT YOUNG
"DANGEROUS NUMBER" ANN SOTHERN
A comedy of matrimonial errors and martind mix-ups! MATINEES 202 302 EVENINGS: 20c-30c.-50c.-70c,
NEEDED URGENTLY
WINTER CLOTHING
(Men, Women and Children)
while M HG. instructed by Mr WA Mackinlay, appeared for the defendants.
THE JUDGMENT
more on the voyage which we are considering, he took his wife and child to sea with him, though, if his settled purpose was
to scuttle his vessel he was exposing them to In the course of his judgment,bered, too, that the junk sank in inevitable peril. It must be remem- the Chief Justice said:
The junk lay on the sea ben fathoms relatively shallow until February 17 when she was jected, though there was much
water from which the mammast pro salvaged and brought to Hong Kong where she was
deeper water in the near vicinity. put on The sixth aftermost compartment slipway for examination.
The hull
has a water tight bulkhead so that showed armerous apertures between the planks, well above laden water line, would the making of holes in the stern, some of them as much
as 3/ width, from which all caulking-contribute in any way to the speedy not appear to hasten or in fact to
cement
other packing were sinking of the junk. missing. In the stern were two holes, some distance above the laden water line and in the hull of they must satisfy me that the loss If the plaintiffs are to succeed the second compartment from the of the junk, carrying the insured bows were two holes on the port cargo, was due to ordinary perils side and two on the starboard side of the sea. That burden of proof. There was also in the bulkhead they have endeavoured to discharge between the second and third cou in two ways. There is first evidence partments an irregular hole 12" x designed to show that the junk had 3. That bulkhead was a sound been extensively overhauled and piece of timber and the hole had repaired in 1934 and 1935 and that obviously been intentionally made she was regularly freemed by her with a wood chisel or other sharp owner, 2
-ORDINARY PERILS
trument from the inside
and, secondly, there the evidence of those on board second compartment, the cat por tion being
read.
through from inside the third com- partment
the
as to the Itered
cof two
cers stationed at Tai 0. DEFENDANTS ACCUSATION that is the evidence of the Witnesses for the plaintiffs com Director of the Royal tend that that hole was made in whose records show, order to provide ventilation for the that none of the adj members of the crew who had logical stations, Hong
THE HONG KONG BENEVOLENT SOCIETY their quarters in the second com-lor Cap Rock reported
11, Ice House Street
Monday
Thursday 10 a.m. to
FOR FULL INFORMATION CONCERNING HONG KONG BUY A COPY OF THE
HONG KONG & DIRECTORY
Price $1.00
BLE AT ALL
partment, while the defe suggest that that hole with found in the planking of the compartment on both starboard sides were delib made as part of a design to the junk, to ensure her ready
wai
the found to
fine wi
er with light or very
Haywo