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THE HONGKONG TELEGRAPH.
KOWLOON LADY INJURED.
NEGLIGENT DRIVING BY
BUS DRIVER.
TUESDAY, SEPTEMBER 3, 1929.
Was it raining when you left the Club Just drizzling.
Was it raluing when the acel dent occurred?-Drizzling.
Had you got the hood of your ricksha up?-No, down.
The roads quite wet--Not the part we were on. It was rough rond and could not possibly get wet,
The recent accident in Nathan Rond in which Mrs. J. Gibson, the wife of the manager of the Kow- Whether it was rough or, not loon branch of Messrs. A. S. Wat does not appear to be relevant. son and Co., was seriously Injured, Are you stating that it was dry? had a sequel before Mr. T. S.The part that the rickshas were Whyte Smith at the Kowloon running on was quite dry? Magistracy yesterday afternoon when the driver of a motor bus appeared on a charge of negligent driving.
The Magistrate registered a con- viction, and fined the driver 335.
Mr. T. G. Bennett appeared for the defendant, while Mr. Leo d'Almada, jnr. held a watching brief on behalf of Mrs. Gibson.
Eye Witness Called.
Mr. J. P. Robinson, in evidence, said that he left the Kowloon Cricket Club about 11.50 p.m. on August 17 and engaged a rickshu to convey him to the Peninsula Hotel. As he was nearing tho Duro Garage in Nathan Road he noticed several rickshas in front of him. Some of them had their hoods up while others had them down.
Hie Worship: The rickshna were running on the rough part7-Yes. His Worship explained that a certain part of the road which had been excavated for the harbour pipe line was rough,
Mr. Bennett: I, um not very
suggest any way that can be done on your story?
Witness: I didn't look at the rlekshin, and this is the first I have! heard of the damage.
1 am telling you that. I put it; to you that it is compatable with what defendant says, that the ricksha coolle almost lost control and ran down in the gutter and the ricksha fell over,"
Witness: Had the bus kept on the same course as when it passed me there would have been no accident at all.
Witness added that he considered that the ricksha coolio was in no way to blame for the accident.
In reply to his Worship, witness Intimated that the rickshas were well in to the side of the 'road.
His Worship said that ricksha
well up in the topography of Kow-coolies were inclined to go out and leon. Do you suggest that these cacupe the rough part of the road, Flekahas were not on the road? but witness replied that, the coolis No, no, all the rickehas, were not in the present case did not. on the tarred macadam.
Witness later pointed out that he Mr. Bennett asked witness if he was not binsed one way or the was suggesting that the rickeline other. He drew attention' to Mr. were on a part of the road where Bennett's question regarding his buses could not go but witness friendship with Mr. and Mrs, Gib- son, and said that he did not quite replied in the negative.
Was Mra. Gibson's rickala rub-understand the qucation. ning alone? Was there u ricksha all beside her?-No, they were absolutely in a line ahead,
this bus should perforth this ex- Can you give any reason why Intraordinary movement?-No sea- A son at all that I could see,
The vehicle immediately front of him hud the load up. bus passed witness on his right. it was quite clear, and after pass ing, witness saw it swerve, giving the impression that it was going to the Duro Garage for petrol. It erashed into the ricksha at the rear of the line and knocked it
over.
How fast do you think the bus 12 to 14 miles an hour. was going?-I should say about
Do you suggest that the driver was completely obliviana to Mrs. Gibson's ricksha?--It is beyond my province to say anything about that.
Witness heard a shrick and im- mediately made his coolie drop the shafts while he ran to the didn't secne of the ucekdent, and extrica.
ted the occupant, whom he found the accident?-I had not time to Did you examine the ricksha? To be Mrs. Gibson. After picking
Mr. Bennett remarked that he was not suggesting that witness was saying anything because he was a friend to Mr. and Mrs. Gibson.
Witness: No, no, but you said, "you are friends."
Ricksha Coolie's Evidence. The ricksha coolie was next called. Witness mentioned that the right- hand shaft had been broken in the accident.
Mr. Bennett: Yes, it was the right shaft. I made a mistake, I was confused.
Did you see any signs of him Witness said that he was travel. the driver) avolding her?---No. Iling on the rough part of the road. This part was almost the same as Did you examine the bus, after any other part for pulling a ricksha
even though it had been raining.
Witness said that he always pull- ed his vehicle on the rough part and Can you tell us how the rick-never went on to the tarred surface. abha was lying' after the accident? On this occasion, Mrs. Gibson.
Yes, in the gutter.
speaking in his dialect, had asked him to go to the side of the rond.
her up she was in a distress-I did not,
. . . . .
Mr. Bennett interposed and wald that Mr. Robinson had gone far
Do you know whether that is a enough in his evidence. The Company were very sorry to have regular bus stopping place?--I do heard that Mrs. Gibson was unknow that it is not. able to give evidence but he (Mr. Bennett) had to object that the extent of her injuries must not be taken into account,
Objection Partially Overruled,
Had Mrs Gibson been to the concert ?-That I could not tell you,
You were not going back to gether 7-No. I had not seen her that evening until then,
They are friends of yours?
His Worship intimated that he They are. thought the extent of her in- Asked what his idea was of tete juries was quite relevant. He re-phoning the Police, witness ro- marked that if the bus, had only piled that one would naturally do touched the ricksha the injuries that after an accident. Wil- would not have been serious but less added that as an old re- if it crashed into the other vehicle sident of the Colony he thought that with more impetus the injuries it was his duty. would be more serious,
Mr. Bennett said that he did not agree, and pointed out that a slight push might easily precipitate a
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His Worship said that he would nate the objection but was going Ito hear what Mr. Robinson had to
HAY,
Mr. Robinson, continuing his evidence, said that he was going
Answering a further question, witness said that he did think at that time that the driver should be charged with negligent driving, He thought that that would have been one's first thought.
Witness denied that he was about to pull out from the side of the road when the accident occurred.
Mr. Bennett said that he would put the defendant into the box, 80 that he could tell his version of what happened. His case was that the bus pulled out to pass Mr. Robinson's ricksha and went on till it was about 40 yards from the threa.
ᎦᏁᎳ rickehas, which the driver
were nat quite clearly. They actually one behind the other and when he got almost up to the rear- one it pulled out
The bus was travelling at about 12 miles an hour, and not having much time in which to stop, the driver was unable to avold hitting the ricksha. The coolie ran for two paces and having lost control the ricksha hit the root of one of the trees and fell over.
Mr. Bennett ruggested that in
The driver in evidence anid that that case witness, being an ordin- the ricksha was struck by the left ury reasonable man, would have ex- front mudguard of the bus. If the amined the ricksha and bus. W-ricksha had not pulled out he would. meas replied that it was not within not have hit it. to say that Mrs. Gibson was in his province to examine tho very distressed condition, and enm- | vehicles. plained of injury to her legs.
Mr. Bennett: And take men-
His Worship remarked that surements? that was what Mr. Bennett was objecting to,
Mr. Bennett intimaled that he would address his Worship later. He said the extent of the injuries had nothing to do with the ease. The defendant was only charged with negligence and not with causing injury.
His Worship: It is more negli gent if you hit a person than if you miss them,
His Worship: Oh no, Mr. Ben-
nett.
Driver's Version.
Mr. Bennett said that as Mr. Robinson was the only witness for the prosecution he, had better put the defendant's case to him.
Addressing witness Mr. Bennett said that the defendant's story was that it was raining and dark. He Bald that when he got to within Mr. Bennett: I don't agree.
about 30 to 40 yards of the three His Worship remarked that he rickshas, one of which contained had noted that Mr. Bennett ob- Mrs. Gibson, the coolie of her jeeted that the nature of the vehicle pulled out the ricksha and juries were ireclevant, but. His WAR about to go alongside the Worship sald, he over-ruled that to a certain extent.
Continuing, Mr. Robinson said that Mr. Gibson, who was in one of the riekabas, arrived and at- tended to his wife while witness telephoned to the Police and no tified them of the accident.
Cross-examination.
Mr. Bennett, (cross-examining): I believe there had been a concert at the Kowloon Cricket Club that night? Yes.
Was it raining 7-It rained about 11.30 p.m.
Hard-For about a quarter of an hour, yes, very hard.
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rickkha inmediately in front of him. The driver of the bus put on the brukes but the bux struck the ricksha because the wheels focked and the bus skidded. As a result of this the coolie lost control and ran the ricksha down close to the trees where It toppled over.
Continuing Mr. Bennett said that he had to put the defendant's AC count to him us witness was telling a different story.
Could Face Heaven." The conductor gave corroborative evidence, and in reply to Sub-In- spector MeWalter said that he had
a clear view of the road.
His Worship: You gave evidenca here in a case on Friday didn't you?
Witness: Yes
You were the witness who came into the witness box and said, "I can look at the light."Yes. By that I meant I can face heaven.
I just wanted to identify you. That was a similar case where you were standing in the middle of the bus?--Yes, I always stand in the middle of the bus.
And you are always here, as well. Addressing the Bench, Mr. Ben- nett said that the case was rather more important than it possibly looked. What he suggested to his Worship was that there were two accounts of the same occurrence, neither of which he thought, in fairness to both parties, had been shaken in any way. Mr. Robinson was quite certain what had happen ed. and the driver and conductor were both open to cross-examina- tion. Certainly both were consis- Witness said that the rickeho tent with each other, and in giving coolic did not deviate his courae one a decision Mr. Bennett said that !' one. story could' not be given more bit.
Mr. Bennett: Part of the dam-credence than the other. It was age of the ricksha was the breaking up to the Police to prove their case, of the left hand shaft. Can you
Continued on Page 11.)
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