1895.J
BEFore
6th May.
IN ORIGINAL JURISDICTION.
His Honour MR. W. M. GOODMAN (ACTING Chief Justice.)
teen starters for the Griffins' Plate, all of which the rattling good time of 1 min. 301 gos, The case ofere a very fine lot, the favourite, wiuning in which has only been beaten on two occasions, namely, in 1878 by Strathavon in 1 min, 30 seos. and in 1890 by Hero in 1 min. 294/5 semE. The winner of the St. Leger of last autumn, |· Enery 'Awkins, was a hot favourite for the Cathay Cup, and the rase was looked upon as a gift to him, but all calculations were col plately upset by Mr. Toeg's Tigris winning fine style-a pony which was sparcely considered in the betting. The Kiangan Plate was soother upset, when the unexpected Eclipse beat, the favourite with something to spare. There much trouble caused at the starting of this by Blue Beard, who seemed to be madly at the sight of the starter, and got rid of steady jock it would be difficult to find. rider promptly, though a more experienced: regret to say that an accident occurred fo rider of Placid Joe in the Racing Stakes,
crossed his feet and the jockey was thrown, Lino- post and when the pony was being pulled up, Hector Sampson. After passing the winning-
day the wind changed and there was an improv ing his collar bone, Towards the close of the ment in the temperature, but unfortunately closed a heavy shower was a serions inconveni rain began to fall, and just when the racing ence to the crowd of departing visitors, but may
the Grand Stand enclosure of a bookmaker from with extreme regret, namely, the presence within improve the turf for to-day. One thing we noticed
considerable trouble to provide the public with business, but as the stewards have been put to Hongkong, who appeared to be doing a gond
a peri-mutuel and a totalizator, which should by all-sufficient for betting purposes, the acquisition of a bookmaker is not necessary, and is bound to import an element into our racing here which is not at all desirable. In the interests of omr amateur racing we hope the stewards will their way to put a stop to this.
AN ABANDONED SLANDER ACTION. Tong was called on, but the plaintiff failed to The case of Chan Tase Pang v. 8it Tsui appear. Mr. E. H. Sharp (instructed by Mr. Gedge, The defendant was represented by of Messrs. Johnson, Stokes and Master's office), and counsel asked for judgment for his client. reason to believe that the plaintiff, would not The Acting Chief Justice asked if there was present himself.
said it was not the intention of the plaintiff to Mr. E. C. Ellis (of Mr. V. H. Deacon's office) be present.
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of the Code of Civil Procedure, and said be, ob The Acting Chief Justice read the 6th section served that the case was set down for hearing that day on the plaintiff's request, so that he had not only had notice of hearing, but his own day had been fixed. His Lordship could there- fore only believe that the plaintiff did not con- sider he could support his case and judgment would be given for the defendant. In thanking the jury for their attendance his Lordship said that the action was one for slander, and as, if it had come on, it would have occupied a consider able time the jury were no doubt glad that the case was disposed of.
CHINA OVERLAND TRADE RÉPORT, hreach of contract itself, or such as may be rea- and that the goods were consigned during a sonably supposed to have been in the coutem. certain annually recurrent season. plation of both parties at the time they made Featherston v. Wilkinson (L. R. 8 Ex. 122) was the contract as the probable result of the breach considered by Ackroyd, C. J., to be on all fours of it." Having held that the object, vis. delivery with the present. "'Í'here," he says, " on account In Hongkong within January, 1894, was in the of the delay he had to pay more for the coal; contemplation of the parties, were the damages here, on account of the fall in the price, he re- arising from loss of market either the natural ceived less." On this I wish to remark—(1) that consequence, ..., the consequence according to the Parana and Notting Hill have both been the usual course of things, or the probable result decided since the case of Featherston v. Wilkin, of the breach of contract? That is, were there son, (2) that actual and direct damage proved any circumstances local or otherwise which to have been caused by delay in loading is quite to the knowledge of both parties would usually different from accidental damage caused by late cause a fall in the price of coal in Hongkong at delivery. For these reasons I concur in the judg- a period immediately subsequent to the due date ment of the Chief Justics. pf delivery. It must have been known to both parties that the China New Year festival fell early in February. There is evidence that the fall in the price of coal at, end of January, 1894, and beginning of February, 1894, was due to the advent of the festival in question, but there is no evidence to show that a depreciation in the price of coal was a yearly concomitant of the return of the festival ? It is therefore at this point that the respondents' claim fails and comes within the scope of the comment of Mellish, C.J, to the enest that “there is no case I believe in which It has been held that damages can be recovered for delay in the carriage of goods on a long sea voyage where there has been what may be called an scoidental fall in price between the time when the goods ought to have arrived and the tinie when they did arrive.” In the present case there is no evidence to show that the fall in price was not "accidental,” and accidental damages are too remote as being speculative, The same Lord Justice further remarks con- Armatorily, "if it is known to both parties that the goods will sell at a better price if they arrive at one time than if they arrive at a later time, that may be a ground for giving damages for their arriving too late and selling for a lower eum. But there is in this case no evidence of anything of that kind." The same absence of evidence is fatal to respondents' claim now as when the Parana was heard. Many of the cases relied on by counsel for the res pondents were railway cases, upon which the reversed judgment of Sir Robt. Phillimore was based. In 2 P.D. 121, the judgment of the Court of Appeal continues: It was said that there can be no difference between the carriage of goods by railway and the carriage of goods by sen, but it appears there may be a very material difference between the two cases, When goods ther was very unpromising, as a gale from the For two days previous to the races the wea- are conveyed by railway, if they are conveyed south-east blew almost without interruption and for the purpose of sale, it is usually for the par- brought up a mass of clouds which threatened a pose of immediate sale; and if the cases are ex downpour, and in fact a very slight fall of rain amined it will be found that the Courts treated did take place on Sunday afternoon. them as if the goods were consigned for im- therefore with a great deal of pleasure that those mediate sale." In order therefore to bring cases who looked forward to our spring holiday for an of carriage of goods by sea into line with the agreeable change to the ordinary business life of railway cases it is requisite to prove not only the community woke to the fact that the sun was that the sea borne goods were to be conveyed for shining brightly early on Monday morning and the purpose of sale bat also that the goods were promised a fine day though a warm one. for immediate sale. says in 2 P. D., p. 123, "in order that damages but the wind died down completely, with the re- Or as Mellish, L. J., again day progressed the sky was somewhat overcast, As the may be recovered, we must come to two consult that the heat was oppressive in the extreme, olusions first, that it was reasonably certain and it seemed as if we had been landed suddenly that the goods would not be sold until they did into the middle of June. Still the attendance at atrive, and secondly, that it was reasonably certain the Grand Stand was larger than is usually the that they would be sold immediately after they case ou a first day. The course was very fast, arrived." Now, in the case under consideration, though rather dusty, and the racing was except is there evidence before the Court on either of tionally good, as had been predicted. There were these two points? There is nothing to show more than usually large fields, which rendered that the goods were being conveyed for the par- the starter's duties very onerous and trying, pose of sale; for anything to the contrary, the and resulted in long delays on several occasions goods might have been for use by the respondents owing to the difficulty in getting the ponies themselves or have been sold to arrive, as was away. In the case of the Hart Legacy Cup actually the case, and if it cannot be proved that race the delay caused goods were being carried with a view to being bolting of Hoheit, and the difficulty of get by the repeated sold, it follows that there is no proof of their ting other ponies to come up to the starting being carried for immediate sale. Bat if it had flag, was tedious in the extreme and was the been proved that the goods were being conveyed cause of the last race of the day being run in for sale, still there was no evidence that they the twilight. There was no race run that was were for immediate sale. It is quite conceivable not fully up to the average, and in the case of that the respondents might have stored them the Criterion Stakes was far beyond it, as not for a period. The case of Collard v. S. E. only was the record for one mile which stood Railway Co," said Mr. Registrar Rothery in his at 2mins, secs. done by First Cornet in the report on the Parana, ** is the one on the whole autumn of 1881-broken, but the close and ex- which comes nearest the present," and the L. J. citing finish between Orion and Blackberry will already quoted remarks, the "strongest case in long be remembered. The former won in 2mins. favour of the decision of the Court below is that 24secs. by a short head, after a very game of Collard v. 8. E. Railway Co., but there was struggle down the straight. a good deal of doubt about that case,” Three elements present in that case are absent from mising conditions, for out of the twenty entries The racing of the day started under very pro- the case before us, viz., that the goods consigned for the Subscription Stakes no less than seven- being hops were liable to deterioration, that the teen faced the starter, and a very good race consignes and consignor were different persons, resulted in capital time. There were also seven-
SHANGHAI SPRING MEETING, 1895.
FIRST DAY-Monday, 29th April, 1895.
T
It was
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was unable to undertake his usual duties as Mr. E. H. Gore-Booth, owing to indisposition, starter, and his difficult task was very hiy performed by Mr. F. J. Maitland. The comfort of the members and visitors, and the general business of the meeting, was energetically looked after by the stowards, so that every- thing passed off very successfully. The SUBSCRIPTION STAKES; a sweepstakes.
Tls. 5 each, with Tis. 100 added; for subscrip tion griffins of this meeting only; second pony, Tls. 25; weight for inches as per scale. Mr. Plack's Sir Charles, 10at. 91ba.
Three quarters of a mile.
Mr. Sylva's Red Star, 10st. 9lbs.
(Mr. Crawford) 1
(Mr. Machado) (Mr. H. Sampson) Seventeen started. After some little delay ab Knight being the first to show in front. Near- the post, the flag fell to a very fair start, Red
companion, and the others began to close up on ing the half-mile post he was joined by his stable
rushed to the front, whilst Procession also oame the pair. Passing the Monument Sir Charles out of the cluster, and Red Star fell back slightly. Up the straight a fine race was witnessed, Sir Charles Finning by about two lengths; a good third. Red Knight was fourth. Time, 1 min. 33 secs.
Mr. Crowd's Procession, 10st. 9lb..
The CRITERION STAKES & Sweepstakes of Tis. for China ponies; weight for inches as per 10, with Tis. 200 added; second pony, Tls. 50; scale. One mile, Mr. Ring's Orion, 10st. 12lbs. Mr. Henry Morriss' Blackberry, 11st. 4lb... (Mr. Meyerink)
Mr. Uto's Sans Pareil, 10st. 12lbs.
(Mr. C. R. Burkill)
jumped off with the lead, but was quickly passed
(Mr. Midwood) Eight started. When the flag fell Orion by Viceroy, with Blackberry lying third along the back straight. As they passed Probst, s Pareil had taken third plate, with Primrose last, Corner the only noticeable change was that Sans At the Monument the ponies closed up and Orion and Viceroy entered the straight almost together whilst Blackberry was showing a fine turn of effort, but he failed to quite reach Orion, a mag- speed. At the Bushes the last named made his nificent struggle ending in favour of the latter fourth and Viceroy last, Time, 2 min. 23 secs. by half a head; a good third, Hoheit was