THE HONGKONG TELEGRAPH,
MOTORING SUPPLEMENT.
SATURDAY, JANUARY
1928.
GARAGE KEEPERS LIABILITY.
Obligations Defined in Common Law.
HIGH-SPEED OMNI- BUSES.
"Parlour Cars with Canteens.
"AUSTIN SEVEN"
HI
CHRYSLER
IS HERE!
CALL AND SEE THE
LATEST MODELS AT
& A. LUNG 3 CO.,
IN
19, Queen's Road, Central...
STUDEBAKER
}
every part of the world, Studebaker
cars have demonstrated their
superior performanco by setting notable records for spood, endurance and climbing. The table bolow shows sorts of the most important records established during the past five yORTS.
May 5 1922-ALL OVER KANSAS
Light Six, 34, 525. 8 miles in 110 days
Sept. 7, 1923-PIKES PEAK
Big Six, 34, 7 miles ia 1 hour '45 minutes
Feb. 25, 1922-BUENOS AIRES-ROSARIO GRAN PREMIO Special 6, 470 miles in 10 hours 54 minutes Oct. 14, 1923-SALT LAKE CITY-LOS ANGELES Special 6.853 miles in 23 hours 45 minutes March 9, 1924-BUENOS AIRES-ROSARIO GRAN
PREMIO
Special 6, 470 miles in 21 hours 45 minute Fob. 13, 1914-FREEMANTLE TO SYDNEY, AUST. ·
Special 6, 2,889 miles in 141 hours 55 minutes May 15, 1924-ALL OVER PENNSYLVANIA
Light 6, 10,000 miles in 20 days
Nov. 26, 1924-CAPETOWN & JOHANNESBURG, S. A. Big 6, 979 miles in 35 hours 55 minutes 13 seconde Jan. 23, 1925-SANTIAGO-LONTUE, CHILE
Special 6, 219 kilo in 3 hours 16 minutes 5 seconds Feb. 25, 1925-GRAN PREMIO OF ARGENTINA Special 6, 943 milos in 21 hours 27 minutes
1925-EL PASO TO SANTA FE Standard 6, 363 miles in 10 hours 35 minutes
1925-MINNEAPOLIS TO WINNIPEG Big Six, 444 miles in 10 hours 36 minutes July 12, 1925-BARCELONA-MADRID, SPAIN Big Six, 416 miles in 8 hours 47 minutes
Other Models are
Equally Good.
All Reasonably Priced.
HONGKONG DELIVERED PRICES.
H.P. 16.54 R.A.0.-107" WHEEL BASE
Tourer
Sports Randater
Bunness Coupa
Custom Cope.
Custom Solan
(Nell Cush)
ERSKINE
5 Seater
G$1,150
4, Svator
1.200
2 Senter
4 Seater
5 Seater
1,200, 1,250 1,250
All Erskine with wire wheels. DIRECTOR
H.P. 27.34 R.A.G.-113" WHEEL BASE
Cualore Tourkst
Sports Rondster
Duplex-Phartu
Custom Tourer -
Custom Coupe Custom Sedan Plush
Custom Coupe
Custom Victoria
Custom Sedan Mohair
1,480
5 Seater
G$1,450
4 Senter
1,485
5 Seater
7 Seater
1,300
+
2 Benter
& Seater
1,575 1,575
4 Seater
4 Seater
5 Senter
1,675 1,075 1,675
COMMANDER
H.P. 36.04 R.A.C.-120" WHEEL BASE
Sports Roadster
Custom Coupe
Custom Victoria Chatom Boden ** Regal Coupu
---
4 Seitor
C$1,035
144
2 Beater
*** 144
4 Seate,
1,875 1,875
IKI
& Sentar
1,075
44
144
4. Spater
1,905
Regni Victoria Regal Sedan ...
4 Neator
1,005
**
***
甲骨月
4 Beater
1,905
PRESIDENT
H.P. 36.04 R.A.C.-127" WHEEL BASE
Custom Touror ...
Custom BedRH
Custom Limousino
***
***
7 Seater
G82,200
7 Brater
2,436
7 Beater
1,005
· All-prices include 4 wheel brakes spare wheela, tyre and tube, windshield wiper, hindview mirror bumpers, extra, horn, tools, etc., etc.
:
THE HONGKONG HOTEL GARAGE
25, Queen's Road, Central (THE HONGKONG AND SHANGHAI HOTELS, LTD.)
[By a Barrister-at-Law.]
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1
THREE SETS OF BRAKES.
Mail.]
Questions are frequently raised the proprietor to make out his case, as to the treatment of cars in and, if he falls to do this, he will public garages, and, in view of the be liable to the plaintiff notwith- [By 'n Correspondent in the Daily fact that undoubtedly many cases standing the fact that no definite do occur where-there-fs-negligence evidence of negligence has been
Even the owners of the more on the part of garage mechanica, given. It is one thing to provo
"motor-cars expensive types of it is as well that the ordinary that a man has acted negligently: might regard with envy some of chasals of the motorist should know exactly where it is quite another for that man to the splendid, he stands from the legal point of prove that he has not so acted. heavies" which will be on view As Lord Justico Buckley said in a to-day at the opening of the Cam- case. "The defendant as ballee ofmercial Motor Show at Olympia, the goods, is responsible for their West Kensington. gar-return to their owner. If he fail
ined to return them it rested upon Ahim to prove that he did take rea- by sonable and proper care of the
gouds."
view.
liere.
any
It is two years aince such an exhibition was held. Enormous strides have been made by the British manufacturer of heavy motor transport. The fortable, almost as speely, and as omnibus of 1928 is equally as com- safe, as the motor-car that costs $1,000 or mare.
motor
One large motor-omnibus chassis which I examined yesterday was equipped with central lubrication of a better design than any scen it the Motor Show. This was a six-wheeler built to ·necom- malate 32 passengers and capable of a speed of 55 miles an hour.
One turn of a handle and oil is sent to every lubrication point. This vehicle is equipped for safety with three different sets of brake one set hydraulic, another acting on the back wheels, and a third on the transmission.
Bailment in Law. When A puts his car in B's age he creates what is known law as a contract of ballment bailment is the handing over one person to another of
It is, however, possible for a gar- novable object, and there are six types of bailment known to English age proprietor to contract out of law (1) Where the bailment is this liability. In other words, he entirely for the advantages of the can make it a condition of the Dailor, the owner of the car. This contract of bailment that he is not would be the case where 3 takes to be liable for his own or his care of A's car without payment employees' negligence. He can do (ii) Where it is entirely, for the this in three ways; either by in- forming the owner of the fact when benefits of the builee, the man to the car is taken in, or by giving whom the car is handed over him a copy of the condition under Such would be the case where A which he garages cars, or by hang lends his ear to B gratuitously, (ii) Where it is for the mutual ing a copy of these in a conspicuous place in the garage so that the advantage of bailor and bailce, uswner could not help seeing them" where B garages A's ear for pay when he came in. The law lays ment. This last type of bailment is the one with which this article down that the conditions of a contract must be reasonably is cupcerned, and it is unnecessary to deal with the other three kinds brought to the notice of one party to make him bound by them, but if "they were so brought to his The law of bailment has fre- notice he will be bound by them
in quently been discussed the whether he troubled to read them: Courts, and the general principles or not.. On the other hand, a man of it, as they are to-day, may be is not bound to go hunting all over summed up as follows. Where the garage to find such conditions, mn takes goods in his custody to and, unless the garage keepers keep for the use of the bailor he takes the trouble either specifically is not liable for their loss or dam-| to inform him or give him a copy age if they are stolen or harmed them, or fa place them in such a by no fault of his or his servants, position that a reasonable man nor, if the bailment be gratuitous, must have notice of their existence will he be liable for, a common on putting his car in the garage, neglect, but he must be guilty of he will incur the liability, which gross negligenez to ineur responsi falls on a baitee for reward in de Ulity in such case. The degree fault of any agreement. of care required by law to be:
with exercised by a bailce varies the nature of the bailment. Thero is a duty on every bailee to take few days after an
It sometimes happens that a owner has care, and the umount of care he must take deperds on the type of garaged his car he becories aware bailes he is. It is assumed, for the of conditions which were not rea- purpose of this article, that in each his car was first taken in. In such sonably brought to-his-notice-when- case payment is made by the owner cases the owner will not, of course, to the garage keeper for his garbe bound by the conditions for aging the car. It is only necessary the period prior to the moment to add here that anyone who they were brought to his notice, gratuitously looks after another's
and, if the contract was, for in- car, whether by garaging it or instance, a weekly or a monthly one, any other manner, will be liable he will not be bound by them un- for loss of or damage to it, itil the expiry of the week or month caused by his or his servants which he first saw them. The gross negligence, unless the parties reason for this is that when the have previously agreed otherwise.contract was first entered into no "Statutory Obligations." such terms were part of it, and
until its expiry neither party fan | even. «
Conditions not Stipulated.
+1
Menls for 20.
་
Every part of this chassis is. get-at-able, and the private car designer visiting this show would find many valuable hints. The chassis is priced at about £2,500, and a ride in the complete omnibus will probably cost a few pence. of .. For long-distance motor coach- ing designers have provided all One six- manner of comforts.
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newspaper
parlour car is completely equipped with kitchen and lavatory. Each armchair is provided with
table, drop. parcel rack, and ashtray.
canteen . In another there is a sufficient to supply meals for 20 people and for. casual refreshment a "bar."
Like Tanks.
vehicles are
Some heavy-goods transport now enabled to go across the roughest country like tanks" only instead of cater- pillar tractors they have preumatic tyres, They are less ponderous and fur fleeter than the tractor type. Most of them have six wheels and one no fewer than eight. Wheels on swivelling axles are made to rise and fall with the undulations of the ground, where as "the chassis remains on an even keel and weight distribution is
This motoring-for-all exhibition illustrates, even more than the
A garage keeper then, will, in add to the conditions on which a default of any agreement to the contract was first made. contrary, be liable to the owner But an owner cannot keep his car or motor-cycle show, the if his car is lost or damaged owing car in the garge indefinitely after supremacy of British motor engi to negligence on his part or on the the terms, have been brought toneering.
part of his servants. He is also his notice and say he does not mean bound to take reasonable care to to be bound by them. They will see that the garage is in a proper be incorporated in the contract on state so that the car can be reason- the first day after he has been ably sule in it, and he will be liable for any damage resulting to the car from his neglect to do so..
aware of them on which it could- have been open to the garge pro- prietor to determine the contract, at the end of a day, week,
1.2.
The burden of proof is on the garage keeper. This means that month, quarter, as the case may
be the owner of the car need only
To sum up, in default of any prove, in the first place, that he clause in the contract to the con- paid B to keep the car in his gar-trary, a garage keeper will be age and that it has been lost of liable to damaged. B must then show that
the owners of care
shall not be so liable, and brings
can
THE GREATEST
NAME IN
SMALL CARS
ALEX. ROSS & Co., (China) Ltd.
Prince's Building. 2 floor,Ice House St. Entrance.
The Machine That Counts for B. S. A. Success
in recent English
INTERNATIONAL SIX DAYS' TRIAL
MODEL L. 3:49 hp. O, H. V. A few noteworthy features:— Comfortable Saddio Position
Double Roll Roller Big End Bearing Both Internal Expanding Brakes
Mechanical Lubrication
B. S. A. 3-Speed Gear Box
Efficient Silencer
Lucas Electric Lighting Set Inspection Welcome
THE SINCERE CO., LTD.
1
SOLE AGENTS
1928 HARLEY."
'.
Many Improvements..
NEW FEATURES ADDED.
MOTOR SPIRIT
FREE AIR
For 1028 the Harley Division and Icatures Co. announce new
such loss or damage was not due to garaged with him if they are lost, improvements on all models, which any act or neglect by himself or his destroyed or damaged while in his include the four-wheel brake, air servants. If he can do this he will custody, unless he can prove that cleaner, new type automatic lu- not be liable; if he cannot, he will he took all reasonable care of them.britating system, and positive gear lock. Riding comfort is assured be. The owner car, of course condition of the contract that he balloon tyres, comfort saddle, low Where, however, he makes it a by features which include big cross-examine B's witness and call evidence to rebut their asser- this condition to the notice of the riding position, front fork spring tion that reasonable care was taken. owner, the only real safeguard the all of which should make riding suspension and cushion seat post, latter Proving Negligence.
have will be by in- easier and safer. surance. The fact that it is for the bailee
When, in addition, we bear in to show he was not negligent is of mind that, apart from this last expanding, operated by a lever on the greatest importance, for it risk, if the car fa stolen, burnt or the handle-bar. Another improve- would often be difficult for the damaged the loss will fall, on the ment of importance is the positive owner of the car to prove affirma owner should the garage proprietor working throttle control mechani tively that he was. oreover, be able to show that the event occal olier. The device will oil the while in the ordinary way it is for curred through no fault of his or motor at every speed from the the plaintiff to make out his case, this servants, it should be fairly lowest to the highest a desirable in actions for negligence against clear to the prudent motorist that safeguard, as it means that even at the proprietor of a garage in he will be most unwise not to take high speeds there is no need to respect of a car garaged there,
out an insurance policy to protect remove the hands from the handle
bar to pump-o!]--
is, to all intents and purposes, for himself."
MODERN DESIGN.
A New British Six at £450.
to many
The fore-wheel brake is internal
The new air cleaner attached to the carburettor should add miles to
gears when the clutch is not in the proper position.
a minor tit-bit which will appeal the life of the motor, and be a boon car-owners-oil-proof to those who ride dirt roads. The positive working gear shift lock sparking plug accommodation.
A4ft. 8 in, track, 9-inch ground gate is fitted to the twins, and pre- clearance and 48-inch rear springed and makes it impossible to shift
vents the gears becoming disengag ing render the chassis particular- Among the many "light sixes" suitable for rough roads, of 1927-28 is found a very note whilst the six brakes of Lanches
The 1928 side valve single has worthy model, the 6-cylinder Starter Patent type, the 4-speed gear- of 18/60 hp, with an o.hv. en-box' and the oversize tyres all fit forewheel brake, throttle control gine carrying a 7-bearing crank-in in a specification which is oiler, air cleaner dow metal piston shaft, and fitted with chilled, ces particularly alluring to the ex- (eliminating vibration), new con- necting rod and fly wheel assembly, | trifugally-cast, fully machined perienced motorist.
cylinder barrels in place of the The road performance offers a
larger cushion, engine, sprocket, ordinary somewhat untrustworthy speed of 65-70 miles per hour on new.oil retaining device in the gear cylinder block. The power unit the flat, an absolute silence both box, and wider valanced mudguards. la further distinguished by varias regarde power unit and ex-In all there are 12 changes and im able cooling to head and cylindere, haust at all speeds, and a top provements. The overhead valve forced-feed lubrication of the gear slow running record which Harley is designed to appeal to the most modern type, dynamically admits even of stopping and re-rider who wants a light solo mount with speed and getaway, and has balanced rotating and reciprocat-starting on the direct drive,,
}
ing engine parts, aluminium-alloy Truly a model of which the Bri- the 1928 improvements. pistons, duralumin. con rods, and tish engineer may be proud.
MOTOR
OILS
SHELL
FREE WATER
CENTRAL FILLING STATION OUTSIDE CITY HALL, HONGKONG.
The Asiatic Petroleum Co., (South China) Ltd. Hongkong.