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AVIATOR'S DEATH.
MOTOR CYCLIST, EXONERATED.
The inquiry into the circum- stances attending the death of Lending Aircraftsman French, who was killed in a recent motor accident, was concluded before Mr. W. Schofield at the Kowloon Magistracy yesterday afternoon. The jury in bringing in a ver diet of accidental death" added a rider to the effect that the locali ty where the accident occurred was not sufficiently, laminated.
On the resumption yesterday, Sub-Inspector Smith, of the Traffic Department, gave evidence of the condition of the road when he visited the scene shortly after the accident. The following night witness drove along Prince "Ed- ward Road, and saw that the lamp standard at the end of Mon- tague Ede Avenue threw a shadow
across the obstacle, which made it dangerous to drivers not familiar with the road.
stacle that night. he found) two
lamps on the barrier, one of which was out and cold. It was a windy night, and the lamp might easily have been blown out,
FRIDAY, JANUARY 6, 1928.
À CHILD'S DEATH.
ENQUIRY INTO RECENT MOTOR ACCIDENT,
pointing out that Mr. Pethick's machine was in perfect order and that Capt. Marren had passed the point and had reported that there were no lights on the obstacle, The Captain further stated that during his twelve years' experi- ence he had never come across o A Coroner's inquiry was held more dangerous obstacle.
by Mr. R. E. Lindse!! yea- There was evidence to showterday afternoon into the death that there were no lights on-the of a Chinose girl who was killed barrier. Mr. Lawrence told the Court that the loose earth would
as a result of a motor accident alip, but Mr. d'Almada said that he would maintain that if boards had been properly used the earth could not slip on to the road.
Mr. d'Almada then went on to refer to Mr. Pethick's.experience as a driver.
7
near the Bowrington Canal on the morning of December 27.
It will be recalled that public motor car No. 216, in an attempt to avoid u man who had just alighted from a tramenr, ran into a woman who was carrying a child on her back, The child was kill
In conclusion Mr. d'Almada said that if the contractor had taken the proper precautions the accided "almost instantaneously and the ent would not have occurred. woman was injured.
Mr. Loseby rose and said that he was surprised at the attack made by Mr. d'Almada on his
client.
ior."
em-
ue following jury was panelled. Messrs. E, W. Black- more (foreman). Leung Sikkai and Harry Way.
Mr. d'Almada replied that he made no attack against Mr. Lose- Dr. A Cannon was the witness When witness inspected the obby's client, but merely remarked called and he said that on the
that somebody was to blame for the obstruction and it happened morning of December 28 he per- at this person was the contrac-formed a post mortem examinution on the body of a female child, Mr. Loseby then replied to Mr. which had previously been iden- 'Almada's remarks concerning his tiled in his presence and in the' client. He said that the traffle presence of Sergeant Tuckett, by inspector had travelled regularly, the father and brother of the along Prince Edward Road and child. The doctor found that the knew the obstruction well. In his,
was primarily cause of death' opinion the obstruction was not fracture of the skull and rupture more dangerous than was absolute- of the blood vessels to the brains. ly necessary If it had been other-and secondarily, shock and inter- wise he would have taken steps cránal haemorrhage. The doctor to have the fault remedied.
thought that the injuries were Mr. Loseby said that the actual consistent with the theory that, cause of the accident must be the the deceased had been knocked speed of the cycle. If it was be-down by a motor car, ing driven at a speed of five miles per hour there would have been
In answer to Mr. d'Almada, Jr., who appeared for Mr.Tothick, wit ness said that it was quite safe to drive at a speed of between 20 to 25 miles per hour along Prince Edward Road after 11 p.m. us there was very little traffle after that hour. The obstacle would be more dangerous if a cloud threw a" shadow across the road. Wit- ress agreed that Mr. Pethick was driving quite normally by keeping to the left centre of the road. Driving at a speed of from. 20 to 2 miles per hour, it was quite possible for a combination to over- turn if the driver swerved sharp- 1y%
no, accident.
•
As far as his client was con- cerned he had taken all the steps required of him by the Police and the P.W.D).
Obstacle Not Dangerous. Questioned by Mr. Losoby, who appeared on behalf of "the con-
His Worship sunt:ming-up brief tractor, witness said that as traf-ly, said that the juny had heard fic inspector he always looked out the arguments of both Mr. Leseby fur dangerous obstacles.. Witness and Mr. d'Almada on behalf of drove along Prince Edward Road their respective clients and also at least six times a day, and hind their expressions of regret at the never noticed anything dangerous | death- of the deceased. The about the obstacle in question. If Coroner would like to associute there had been anything wrong the Court with those expressions and he was sure the jury would also like to associate themselves with the remarks.
witness would have noticed it.
After briefly "going, over the occurrence, the Coroner said that the jury had to decide whether the obstruction was properly marked
of the Flying Squad, deposed that Chon. Ting-key, a lance sergeant
at about 1 a.m. on December 27 he was in Tin Lok Lane when he heard whistles on the Praya in the direction of the Bowrington Canal. He went towards the scene and saw a woman lying on feet from the roadway at a spot the reclamation about twenty five which was about hundred feet to the West of the Bowrington the St. John Ambulance Brigade Canal. There was a member of
ceased girl was not there, hav altending to the woman. The de-
ng apparently been removed.
Witness said that he also saw "a mctor car (No. 266) stationary. and empty about fifty font to the east of the canal and at right angles to the roadway. The car was facing the Harbour and wit- four photographs of the car's posi tion. He produced the photo- graphs in court.
Mr. F. E. Lawrence," who had Kiven evillace at e previous hearing, was recalled for cross- examination, "He said, in answer to Mr. d'Almada, that the barrier properly lighted would not have heen dangerous. The earth might as well as to consider the condi-ness sent for his camera and took have fallen on to the roadwaytion of the machine and the driving after the workmen had finished capabilities of Mr. Pethick. wark for the day:
Afr. Schofield then reviewed the evidence.
The Finding.
k
How it Occurred.
The accident itself was describ ed by Leong Kam-fuk, aged fifteen,
He said that on December 27, he and his mother, who was carrying a
Witness did, not think that this shipping of earth was negligence en the part of the workmen and in reply to Mr. Loseby witness said no midter: hove careful thei After retiring, the jury returna brather of the deceased girl. men were there was always theed the fellowing verdict: danger of the loose earth slipping his death by misadventure whilst We find that the deceased met The Chinese watchman, who re- riding in a motor cycle combina Eevéd the earlier conlie, gave evi-ion driven by Mr. Pethick and dence of finding that fights in pro that no blame is attached to the per order on taking over duty from driver for the accident. his fellow workman.
This concluded the evidence and Mr. Losely briefly addressed the jury. He said that the evi- dence was quite clear and on be half of the contractor he took the opportunity to express his regrets to the parents of the decensed who lost his life in an accident so Tar away from Home.
Driver's Regrets.
With regard to the lights at the spot of the accident, the evidence of witnesses is conflicting and we cannot come to any definite con- clusion or decision. We are the opinion that the locality in question was insufficiently lighted, We are also of the opinion that the wooden boarding should have been extended to the full length of the pile of earth. As it was at the time of the accident, it was a dabger to the public.
child on her back, were standing on the reclamation a few yards from the old Praya Wall to the West of the Bowrington Canal. Witness saw, a tram proceeding at a normal pace, followed by a mo- for car, hota heading in the direc tion of Causeway Bay.
alighted, from
· Near Bowring* · Road, a man order to avoid him the motor car
framear and in i
had to swerve suddenly. It, suc- ceeded in avoiding the man, and passed in front of him. heading straight for where witness and his mother was standing. Witness jumped out of the way in time, but his mother was struck. The car We find that there was no mo went on for another fifty yards tor traffic coming in the opposite before it stopped. Of the three! direction at the time of the ac- Decupants, one got out and ran cident. According to the evidence away, whilst the other two render- we find that Mr. Pethick'a machine ed help to the injured "woman. i was in good running order. The The police came to the scene later speed driven by Mr. Pethick was and caused his mother to be sent reasonable for the locality and to hospital. Mr. d'Almada said that as the this is borne out by Inspector inquiry progressed it was clear Smith.
Mr. d'Almada said that this, was the first opportunity Mr. Pethick hiad of expressing his sorrow and he had been instructed to convey his sympathy to the relatives of the deceased. No one, added Mr. d'Almada, was more sorry for what had happened than Mr. Pethick
War.
Mr. Pethick must be exonerated As to the capabilities of the from blame. Mr. d'Almada then driver, we have his own evidence went on to refer to the evidence only and we accept 11."
After hearing further evidence. on the accident itself Mr. Lindaell adjourned the inquiry until Mon- day afternoon at 2.15 p.m.
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