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THE CHINA MAIL, JULY 14, 1988.
TRAMWAY COMPANY GIVEN
JUDGMENT IN PASCO P
DAMAGES CASER
Miss Patricia Pasco, 14-year-old I am satisfied also that the conduc- daughter of Mr. and Mrs. Boris tor made no error of judgment in giv....... Pasco, who, through her father, ing the emergency signal to the driver but was fully, justified in so sued the Hong Kong Tramway doing. In this respect, his position Company, Limited, for $10,000 dam- seems to me to be far stronger than ages for injuries sustained when was that of the owners of the 8.5. travelling in one of the company's Highland Loch because he had no rea vehicles in November, failed in the son whatever to anticipate danger to anyone as the result of his action, and action, judgment being awarded to can be held therefore not so much to defendant company, with costs, by have chosen the lesser of two evils, the Acting Chief Justice, Mr. R. E. as to have done what wes necessary Lindsell, at the Supreme Court this to minimise the one evil of which he
was cognisant." morning.
~~In giving judgment, Mr. Justice Lindsell said:
I have already held, in respect of cer-
There will, therefore, be judgment for defendant company, with costs..
tain of the particulars of negligence JAPANESE SUFFER
de-
set out in the statement of claim, that there is no evidence' whatever that can justify me in finding that either fendant company or any of its vants were in any way negligent.
ser-
SEVERE DEFEAT
It remains to consider whether there.
Kiukiang, To-day. is evidence to support the remaining
Japanese troops around Tsien- allegation of negligence that the emer gency brake, was, in the circumstances shan in southwest Anhwei suf- of this case, improperly applied, read- fered a crushing defeat on ing that allegation (in a wider sense than it was, I think originally intend Tuesday, when more than 1,700 cleaned to convey) to mean that, it having were killed and wounded and been established that the brake was large quantities of arms and am- Complete applied with resultant injuries to munition abandoned.
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plaintiff, here is a prima facie evidence
of negligence within the rule laid down
Japanese reinforcements are
in the case of Angus The London; being, rushed, and another bitter Tilbury and South End Railway Co. encounter is looming.
and that the onus of showing that the News.
brake was properly and reasonably ap-
plied, without any blame attaching to defendants, is upon defendants and has not been discharged.
ANGUS CASE
Central
KIDNAPPING
I agree that the Angus case turned CHARGES
TEL. 32153. entirely upon this point. The Court of Appeal held that plaintiff had es-
Wong Yau, 43, carpenter, and tablished a prima facie case of negli Leung Yau, 52, widow, were charg-
by gence on the part of defendants showing that there was an unusual ed at the Kowloon Police Court this and violent stopping of the train which morning before Mr.. Q. A. A. Mac- caused him injury. The ratio decidendi fadyen with kidnapping three here is not far to seek.
children, including an 8-year-old
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DUKE AND DUCHESS, FRENCH OFFER TO
OF GLOUCESTER
TO VISIT KENYA
JOIN AIR RAID MISSION
London, To-day,
Paris, To-day.
Definite plans for
the Duke and Duch
An Anglo-French Committee
A railway company, in the main girl and two boys of five. and runs its trains over its own property sixteen years of age, and with in- and is therefore prima facie responsi-
ble for anything untoward happening tent, to sell, on July 10... on that property which has led to an accident.
They were remanded for 48 hours on Detective-Sergeant Mor-
I conceive however, that the posi-rison's application. tion of a tramway company, which runs its trams along public thorough- fares, on which its normal functioning is obviously liable to outside interfer- ence, is entirely different and that the sudden and violent stopping of a tram would not therefore give rise to any presumption of negligence in the com- pany.
DIVANS RAIDED
At the Kowloon Police Court this
On this view of the law, the onus morning four opium divan keepers. been were charged with possession of of establishing negligence has throughout on plaintiff and clearly prepared opium and heroin pills has not been discharged. However, it and with keeping divans. may be, if the onus was on defendant ||a
Lai Tseung, 24, was sentenced company to show that no negligence
of theirs contributed to the accident. to six months' hard labour“ and I am satisfied that that onus has been fined $375 or another six months. discharged.
Mok Ho, 58, was sentenced to six months and fined $180 or a further six months.
CONDUCTOR'S STORY
I have already indicated that I ac
BUDGE AND MAKO
A fine of $225 or five months was for investigating air raids on cept. in the main, the conductor's un-imposed on Mak Leung, 68. ter to Kenya is not yet settled, but open towns in Spain has been contradicted story and see no reason So Kau, unemployed, was fined they will probably leave England in proposed by the French Foreign to doubt his version of the happen- $110 or three months hard labour. Mid-August, travelling overland to Ministry to the British Govern- Inga that led to his giving the emer
gency signal. and, in particular, bla Marseilles, thence by boat to Egypt, ment, it is declared in political explanating from the tram while t
circles. completing the journey by air.
was in motion.
I consider that explanation reason British Wireless.
The original plan had been to able and credible and am satisfied that send an International Neutral in the circumstances, the conductor Commission to Spain, but due to could not have done more than he did. An Angus case, plaintiff won and various reasons, this did not held his verdict because the jury dis materialize, The British Gov-believed the evidence of the railway érnment then considered sending servant who sought to show that he a purely British Committee until was not to blame for the presence on American Wimbledon Champions the line of a passenger at the mo- Donald Budge and Gene Mako were the French offer of collaboration mont when the express which had to defeated 26, 6-1, 7-5, 6-4, by has presented a third possible he pulled up was approaching, and the Yugoslav pair Puncec; and lity. Trang C
JAP. BOMBINGS
Shanghai, To-day.
Japanese filers bombed Ichang, Yushan and Tingchow yesterday without encountering resistance, is reported in the Japanese circles. The Japanese warships were also ing Chinese nsslated by seaplanes while shell- Kjukiang,
their disbelief seems to have
been the failure of the
DEFEATED
Belgrade, To-day.
A further upset in the tennis tournament being carried on here, occurred yesterday when the
Kukuljevic.
The former Czech player Drobny defeated Mako 3–6, 6–1, 6-8 and Budge trounced Puncec 6–2, 03.
Ocean.