SUPREME COURT,
Thursday, November 8th.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR M. J. H. KEMP (PUINNE JUDGR).
THE DENTISTRY ACTION.
JUDGE HOLDS THERE WAS NEGLIGENCE
The case in which Karoline Antonio Alenberg sued. Dr Laden, otherwise Fog
· Leo Chi, for $1,000 damages caused by alleged unskillful treatment and neglect, renched its third day of hearing. There was also a counter-claim of $100 for services rendered.
THE HONGKONG DAILY PRESS, FRIDAY, NOVEMBER 7, 1913.
8100, after mentioning $25 After the learned under De Tain Ting in extraction, his wife would not undergo | Shanghai.
You have no degree-No.
Mr, D'Almada here interrupted with the remark that his friend was not claiming for misrepresentation.
Mr. Lewis-I am inquiring as to his qualification. You call yourself a doctor?
nanie
anotlier operation, although she com. As a matter of fact you have never plained of something being loft in the entered any dental college in your life? affected part of the jaw. The "doctor"No who performed the operation said that his wife was to come back in a week, when And in describing yourself as Dr. everything else would be done which was Laden, surgeon dentist," you are making necessary, His wife would for do this, a misrepresentation to the public? and witness refused several subsequent Requests for payment. He then took his wife to Dr. Kew, After being treated by Dr. Laden his wife was in such pain that she could neither sleep nor ent.
Cross-examined by Mr. d'Almada Witness said he never troubled to look the walls for a dentist's diplomas, and Dr. Kew again went into the witness never asked for them.
Before his wife hox to be further, cross-examined by went to Dr. Laden so did not say she Mr. d'Almada, who defended. In some knew of any other dentist. Dr. Kew did instances, he said, they would have to not say that the previous dentist who had split a tooth or a root into two, using / bean sean could easily have extracted the splitting forceps for the purpose. Some Looth. times it bure was also used to split n tooth. A saw would not be used: He denied this if a proper burr was used any part of the jaw-bone, would be excised. To his knowledge, during his ten years in practice, he had never excised a bit of the jaw-bone.
on
Re-examined, Dr. Alenberg said his wife was quite mad" with pain for several days after being operated upon by Dr. Larlen,
Mr. d'Almada subinitted that there was. no case for the defendant, to answer From the evidence which had been given by both the plaintiff and her husband
nd her hus and also by Dr. Kew he was of the opinion that plaintiff was guilty of Dr.contributory negligence. It was all
Mr. d'Almada-Think, Dr. Kex-It is not necessary to think.
Think well-It is not necessary. Are you positive you hever did so, Kew?--I'ma positive.
Quite sure Quite sure. (Laughter.). I am not saying you purposely did it; It was done by accident-No, not by nesident..
Not even by accident?-No,.
done want to mention the nine of the Indy to whom you have done so
plaintiff's fault and she had by her negligence of orders contributed to her own pain and suffering. The plaintiff bad stated that she felt such pain after extraction of the one rope, that a wint back to the surgery with her husband,
CANTON NOTES,
[FROM OUR OW CORRESPONDENT]
CANTON, November Bla THE ASSMALL HOUSE When the Provincial Assembly was ordered to be dissolved, instructions were lemned by Tutah Lung to the private secretariat of the Assembly for the care ful protration of the official documents and papers, funds and articles, and the Grawing up of detailed statements of
HONGKONG Y A MONTHLY
MEETING
HARMSTON'S CIRCUS.
The nightly performances at this placo PLAVERS QUIEREN OFF. REVELEK REPORTED, ↑ of entertainment contime to draw large houses, and the generous patronage of the The usual monthly meeting of the II.K. F.A was held yesterday at the class and varied programmo presented public is but the just reward for the high- BR.E. Thatre, when Mr. B. Hancock for their delectation. Every item is the presided over å good attendance of performance stands out in class by delegates. He was supported by Captain or stop-gap. The animons verdict of itself, and there is no indifferent turn. T. A Rovertson, A.0.D.. Mr. Browne those who have seen the show is that it (Vice-president), and Mr. P. W. Eager is one of the best that has ever visited Hongkong. By special arrangement, the Hon. Secretary.) same. Two months have now clapsed, and Mr. Eager reported that a lot of Kennedy Town after the performances.
return treners run-right-through to
as these statement ar Bot forthcoming correspondence had passed between him this Civil Administrator has appointed and the various clubs and leagues daring ANOTHER SENSATION IN MANILA. Mr. Ku Yin Kui, formerly Senior the month. The net result of it alf was
The Governor-General of the Philip Secretary in the Department of Laternal that the Association now embraced every pines last week issued the
following Affairs, to take over charge of the Assen-civilian, Naval, and Military Club in the sintoment:
"Since his arrival. here, Governor- Lau house, abolishing the secretariat, Colony, The Hongkong Club had enne General Harrison has been kept in daily
which now has practicably no duties to
into line, and the Small Ships Leagus" touch with the police situation in the perform,
desired affiliation, Ships North had als City of Manila. To Chief Harding, in
THE AGE OF MALE TEACHERS.
joined up, and local civilian members of the organization of the uniformed police
fores here, as well the Association besides the Hongkong service as an officer of US Volunteers, as in his previous The newly-appointed headmistress of the Normal School a few days ago Club, were the Moslem R.C.. Diocesans credit is due and should be given
F.C., the B.O.C., and Hongkong Unive-been repeated investigations of the police mitted to the Administration Office a list sity F.C. As a ruenther of the Referee's of the names of the school staff, which Bond Mr. Bager also reported that the included the names of two male teachers Board had mot and had dealt with the The Civil Administrator and the Commis following matters, which required the sioner of Education both hold the opinion confirmation of the full Council: Mr. that it is not desirable to have men. Tyler, of Hst.S. Rario, had teachers
female sclots, and, asked to be included in the list of official moreover, thut the gentlemen in question, referees. His credentials were quite who are about 10 years of age, ar tu antisfactory as to previous experience,
-I de write Doctor" in front of my
Do you know a notics which reads Tain Although you are not entitled to do so. Ting, doctor"--I have seen it. Ja Taan?-Yes.
And he was with Tin Ting, who was also na unqualified dentist I don't know that.
Do you also know a man named
cook to Lau Ju Tsun-No.
And you as a matter of fact, were Are you sure-Who says I was cook
to Lan Ju Tsun?
I am asking you, have you not been cook? No,
Were you ever in the cuploy of Lâu Ju Tsun --I was a foki of his many years ago.
And your position in his household was that of cook--No m
in
POSTACE STAMPS
The following notification has been
denominations of unsurcharged stamps issued by tho Postal Authorities;
The Public are hereby notified that all
However, in recent years, there hava department The most decisive result of these juvestigations has been grave bublic dissatisfaction and an in if the depart
a. the head of of Chief Harding, as well as those of ment. On this account, the resignations Captains Sects and sac, have been found
a 11-
necessary.
12.
whether his statement cast any reflection Asked by a newspaper representative upon the personal integrity of Chief
Harding, the Governor-General replied:
INTIMATIONS
THE COMING
Defendant added that he did examine ang to be eligible for appointment as and the Board recommended he be placed. It does not, nor do I understand Chief the plaintiff's month on the first day in fed the head-mistress to engage two refereed in a test match on the 18th at isste in these investigatious.”
instructors and, accordingly, they not on the official list if he satisfactorily Harding personal integrity to have been spite of her denial. He had studied. | physiology and did know what a nerve
eduvated ladies to fill the posts.
instant Referco A E. Bradley reported= was and where 10 case Front Whee
having attended it Happy Valley to asked to describe
referee 98 Company, R.G.A. r. Hongkong Police, and that the Police had failed to she had no bure hole in her jaw-bone,
the matter, and that the referen was a nerve defendant remained silent. When plaintiff left him He denied having placed the arsenic
Services League would have to deal with turn np. He pointed out that this
dressing in the hole. These two things and postcards of the late Ching titled to his fee. The U.S. League happened between the interval of her last Demais, including the Beta Tung com reported that Referee W. E. Doe had visit to him and her visit to Dr. Kew,memoration Isaac (Temple of Heaven failed to appear to referee It Reserves but he could not explain how In his design) will cease to be valid for the D.C.L.T Reserves. Corporal Doe Otherwise it is mal-practice Provided away was the cause of the aggravation to opinion plaintiff was not suffering from franking of mail matter on and after 1st regretted that he had in error hooked!
That is inunaterial...
Accidents do happen sometimes in boring, don't they -Yes.
Because a qualified man has done that you call it an accident, don't you ?--Yes.
-he did not know what he was doing.
In other words, it would be mal-practice? That is one of the latitudes which a qualified man gets.
Would it not be negligence?--Yes, if he did not show the necessary skill
If an unsterilised instrument was used after the extraction could that have enused neorosis? Could not a tooth-pick,
or
a hair-pin, have caused it-They might. You may get an infected area, which may develop into necrosis.
Assuming that a dentist took out one root, and because of the condition of the patient sent her away, and she did not return, would he be responsible for any datange which might ensue I do not think so.
but when she was asked to go into the operating room she absolutely refused to
go But for that refusal the other root would have been extracted-"
Mr. Lewis There is no evidence of that Certainly it would have been extracted, added Mr. Ainada, and her staying
her mouth and the pain. His friend had claimed for negligence, and I held that contributory negligence had been proved, and plaintiff was not entitled to recover, If she had not refused to go into the operating room all the trouble would have been avoided, and Dr. Kew had stated that if a patient disobeyed orders and as result trouble ensued he would not hold himself responsible or liable
His Honour-That does not touch the other, part of the cass, burring or not barring
Mr, d'Almada-If you think I have a case to answer. I will pat my client in the
bos
His Honour. I think you have Mr. dAlmada then called "Dr. Laden. The Defendant was then placed in the
April 1914 Such stamps may be exchanged for stamps of the current issue
necrosis when she came to him.
Corroborative evidence was given by an assistant
Mr. D'Almada supplemented his to the above-mentioned date." address by remarking that the law said that so long as
aordinary care and skill" was used no fault could be found. The law said that this did not mean an
extraordinary degree of skill.” contended that reading of the law covered He his client, who had exercised "ordinary care and skill."
Pages [at all Chinese postal establishments up careful in future. A complaint by
His Honour said he thought that negligence had been fairly proved, and there was no contributory negligence. He asrassed the daringes at 2000, for which amount he gave judgment for plaintiff. In the counter-claim he gave judgment for the defendant (Mr. Alen berg) with costs.. His Honour, in reply intimated that he would certify for expert witnesses.
itself for the wrong date. It was re commended that he be advised to be more
Referes E. J. Blake as to a late start, and THE FATSHAN VOLENTERNA.
also as to the goal nets being badly put Fatshan merchant volunteer corps was action. Mr. Esger reported that a On the rd instant, the formation of the up was passed on to the U.S. League for celebrated with much enthusiasma, over match, B.O.C. 2. Maslenis," had been read and speeches made by several of the his having been notified that the referee twenty congratulatory addresses being postponed from last Monday without leading Canton nierchants. At Il clock would not be required. This should be a parade was held, in which over 200 done in the future, in fairness to all members of the Canton M. V. C. participarties. pated.
THE SEVERITY OF ALYRTIAG LAWA,
WHISKY
OF THE FAR EAST.
JOHN HAIG'S
GLENLEVEN.
My Favourite Drink “
Col Surg. Blake reported having had to order a player of the Submarines and a Whilet company of soldiers were player of 56 Company R.G.A. off the field making senich tien in the Sui Yang Mui village sʊme ; to kick an opponent, and the Artillery
searches for arms and ammunion October 29th. The former attempted. Dr. Kew added that he expected
of thein molested the women they nas spoke insolently to the referee. palients to do all ho asked them to do witness-box. He had been practising to questions regarding the ductora feca, took away certa
happened to come across and unlawfully Neither charge was pressed, and tho while under treatment, and if they did dentistry for ten years and had been in
inhabitants. The victims brought the the soldier huuld be dismissed, at the articles from the Beard considered that the case against not do so and as a consequence damage Hongkong for one year. He recalled resulted he did not think he would be the visit of plaintiff and her husband.
matter before the Samahui magistrate, same time warning him as to his future A. HONROWING TRANSACTION.: liable. He considered it was necessary to He took the lady into the operating His Honour delivered judgment in the
who succeeded in finding on the person conduct. The sailor was shown to have SAMILES ON APPLICATION boil
instruments before they were used, roun. He examined her menth and took cass in which Won Wong Yin claimed a private named Wong a pair of and in case of that kind it was the usual an impression of the jaw. An examina from Chan San Chun $1,000, principal
lady's jade bangles (apparently stolen).
just received a painful kick himself prior thing to reduce the swelling before the tion of the molar in dispute revealed a | and interest due upon a borrowing nove He had him put under arrest and tele to his attempt on his opponent, and the extraction, took place. He denied that a swollen root, and he nerve
had given by the Sam. Vick Company of graphed the Tutuh for instructions, The Beard thought justice would be met by qualified man would take a cast of a jaw expanded.
Tutuh's reply is to the effect that anyone proposed to wait awhile before making H.
him a very severe censure. It was giving He | Canton to plaintifi in the state in which plaintiff's must have
He said that another point had been-whoever or whatever he may be unlaw- additions to the Board, as the Hon. been, not even if she naked for an artificial
raised whether the plaintiff had a right fully taking away the belongings of Secretary would be in correspondence tooth to be built up on the root. He did
10 kue, having regard to the fact that he inhabitants shall be at once shot. not think it was pessible, that plaintiff's
with the F.A.; Army FA.; and Navy F.A. as to their exact position guins were inflamed by the use of a tooth-brush She had a very clean mouth, though he would admit that such a happoning, even in this probable
allowed Yes.
case, way
Mr. d'Almada-I don't press that. In this particular case do you think it wwe necessary to use the burr to split the tooth -No, it was not necessary
This particular tooth was not split with
a burr, recently ?—No. -
reply to a question she said she was a
ments
stay.
partner in the
FAILURES IN BOMBAY,
THE INSOLVENCY OF A LEADING SHARE BROKER.
5th
Danction was oficially given for the
THE SHANGHAI MATCH.
for
the
SOLE AGENTS:
RUTTONJEE
& SON,
14, QUEEN'S ROAD CENTRAL
LIMITED.
NEW CONSIGNMENTS
STERLING SILVER WARE
There was no abscess. endeavoured to kill the nerve that day and washed the jaw with boracic acid powder. He also applied arsenic and this with cotton wool and then placed Company, and the money was originally carbolic to kill the nerve. He covered had formerly been
These recommendations were all con asked the plaintiff to come in the follow that point he was against defendant, and a thin coating of cement over all. He advanced when he was a partner. On
armed, and the meeting expressed general. ing morning, and she care alone. In he gave judgment for the plaintiff for the
satisfaction at the way things were work- ing action was uncially fo amount claimed di little better. Witness then burred out disputed by the firm of which defendant well-known Bombay broker and the panic United Services League, the Small Ships Mr. Levis said the debt had never been October 21, respecting the failure of a The Hongkong Association League. The
With reference to Renters telegram of working of the following competition MAPPIN& WEBB, Re-examined by Mr. Lewis, Dr. Kew said he had seen some of the work of the cement and re-dressed the tooth. That was a partner. Ilis Honour had heard in the market, the following details will League, and the Hongkong Club Shield unqualified Chinese dentists in this the burr un plaintiff.
was the only occasion upon which he used in evidence that the Government was be of interest: The panie on the Bombay Competition. The Secretary's action in
All is instru-giving Colony
of the looting share bazan, became sente this afternoon Binge visoka That is why you said that it would be
Were sterilised before he tion, and the money was coming along Mr Jehangir Byramji Dalai, a leading H.M.S. Afoumouth was approved, and during the second revolu- (October 2let) when the news spread that affiliated clubs to play matches with for the good of the public if they were not them. On the third visit he said that shortly. He asked for a stay of execution share broker, had been adjudged insolvent H. M,S. Lamar club was also given per
the lady said her mouth was much better, for a fortnight, daring which time the by Mr. Justice Shah at the instance of mission to play against Foreign ships. und he noticed that the swelling had Mr. Mason objected. He said he clid estimated to to over twenty-four lakhs,
money would be paid.
his creditors. Mr. Dalai's liabilities are which should ask for a game. decreased by one half Subsequently, nor dispute the good intentions of his Mr, Dalai was previously the partner of when the swelling had disappeared he friend, but the question was whether the the well-known firm of Messrs. Merwanji took out the tooth, the husband of the Canton Government had any money to & Sons, brokers. The failare, it is advanced a step when the Chairman An item of general interest was pay the compensation. Looking at their believed, will affect four Parsi and four rased the question of the anticipated plaintiff having then signed the book for present financial state he doubted it. 2100. It was the front tooth which was His Honour decided not to grant the Hindu brokers of good status and long match with the Shanghai FA” Mr.
standing, taken out und be told plaintiff to comme
The position of European Hancock and that some of the local foot Assuming it was necessary to split this next day to have the back tooth taken
brokers, who as a rule do not speculate,ball fraternity had got hold of the idea tooth with a burr, would an experienced out. The same evening plaintiff's husband
A VACANT SITUATION,
remains unchanged.
that the Hongkong F.A. had invited On the
of September Mr. Shanghai to send a team down. That anau, in your opinion, have bored down came and told him not to go on working The following application for employ buy up Fazulbhoy Mill shares. They had
Jehangir Byramji entered the field to was wrong. Nothing of the sort had yet bali au juch into the jaw bone?—No, upon the artificial teeth; his wife would ment was recently received by a Soerabaya our own to Rs. 570 uur dividend, but happened. Probably the Shanghai Asso- certainly not,
shipping frm come back within a few days. However,
he swiftly moved up prices which went "Aud could an experienced man have she never come, and after a week he sent
Messrs Shipping Gentlemen...
up on 30th of September to Es, 850 ex perplexity, not knowing whether the Sourabaya, Kond su deep down into the bone by
dividend. On October 4th the Credit Hongkong Association, League," or Club: foki to ask her to bine to see him. Dear Coatlemen, Undermention I beg to Bank failed and the beare thought it was, were going to write, or what was going to accident --No.
She did not come. Witness: denied kindly tell you that I should feel very glad their turn to be revenged on the bulls happen. He suggested that the Assoc - Dr. Kew also stated that the use of a having bored half an inch into the jaw you would please be obliged to find and began to make forward sales and tion should depute one of its members to tooth-brush or tooth pick sould fat have bone. The only time he used the burr was years old and over body likes me, and all very great extent.
vacuation for me, I am a young man of 31 succeeded in depressing the market to a confer with a representative of each of|
Recently a rot the other two, and that a report should produced the condition of things which he just to remove the cannot convering, and my chefs where I have laboured they all say set in and it is impossible to say where has made later as to any decision come to found when Mrs. Alenberg visited him, then it was not necessary to go down half that I work very hard. My father works in it will end. Che Fazulbhoy Mills shares. This was approved, but, on the suggestion after the extraction by Dr. Laden.
de Sturadares of Rikmikket & Co., in which stood at Rs. 680 at the beginning of Mr. Storrie, seconded by Mr. Swann an inch. Mr. E. Alenberg husband of the plain- Cross examined by Mr. Lewis-He always to the Church. I have been to the the 1, all other stock declining in add a fourth to the conference in the Pekalongan and he never drink and goes of Catober, went down to his 450 on of Hongkong Police, it was decided to tiff, who is a merchant in the firm of called biuself Laden, which was on schule to my 14de year and I speak very good sympathy with the ruling shares in the person of a delegate from the United Messrs. Arthur - Nilsson & Co, said European name, although not his real German and English which I have learned market. It was apparent that Mr. Service League. It was agreed that Mr. that when he and his wife went in search name.
from the foreman of Rikmikket & Co., and Jehangir would be in a very tight Eager should interview the three other of a dentist they came upon Dr. Laden's
I have often helped my father and always position when called upon to pay difer representatives and report to the Council Tlace. There were four signs outside the the public. premises, and on one of these wor
were the doctor?--Yes, words :---" Dr. Laden, dental surgeon."
Of what University or College are you Seeing this they went in, and saw a young a graduate 3-None, Chinoman who said he was a doctor. He Have you any doctor's diplomas of any explained that he wanted his wife's inouth kind I can't say I have now had Examined. This was done, and subse- formerly, but two years ago they were quently an arrangement was tonde burned at Hankow. whereby ten teeth would be done" for
ciation themselves were in a state of
PRINCE'S
PLATE
(GUARANTEED FOR 30 YEARS),
CUTLERY.
From the.
SOLE AGENTS:
Mr. Lewis-It is useful for deceiving I would not have the whisky sods also. I once. A large number of brokers will in due course that as an Asscelation CHS. J. GAUPP
Now you call yourself a have the niso been in a coolie office for Deli, be affected by the failure. It is stated Mr. Eager said
so I understand the working with the that the liability of his brokers will be they must reserve to themselves the con- Javanese, I will take anything that you very heavy and it will be difficult fortrol of whatever arrangements were made, want to offer me If is the bookkeeping or them to meet it at this critical
but that they would quite agree to depute driving and I have also been a unirserver and Mr. Dadabai Merwanji Dalal is Bature to a committee of the local bod ́es, the correspondence letters or the coolie The absence of Sir Shapuri2 the actual management of the projected so I know all about sugar.
greatly felt. Unless board of I you will write to my mo adress is “
directora take paas Sective
Sergeant Wikot Chief Engine roon 6 also spoke M Thanking you in the anticipation, I sign prevent it further ruination the effects Artificer Tyler, and others, also spoke in
With honourable regard,
of the crisis will be terribly felt by both agreement. an bulls and bears, because the latter, who Various suggestions as to possible in- sand to gain, will not be able to recover provement of the playing pitches at the dappy Valer concluded the proceedings. From the former,
What diplome did you have as a doctor, or what school did you learn in 3
Your wilful servitor,
& CO.,
ALEXANDRA BUILDINGS.
CHATER ROAD