1926-07-29 — Page 1

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ChinaTMTM Mail

No. 19,865

NOT PROVED.

JUDGE FINDS AGAINST MR.

AND MRS. TAYLOR.

TO PAY PALP COSTS,

There Have Been. Paulis. On

Both Sides."

HONGKONG,

STUBBS ROAD.

wwwwww.

TO BE REOPENED THIS AFTERNOON.

TRAFFIC PRECAUTIONS.

ESTA.: LISHED

The news that Stubbs Rond will he reopencil for motor traffic at 5 o'clock this afternoon will be welcome to the many residents who found access to Repulse Buy and the Peak by this route cut off hy

the

number of indslides caused by the food.

1846

THURSDAY, JULY 29, 1926.

STORM HAVOC,

TYPHOON FELT IN RIVER DELTA.

||

'STRUCK BY LIGHTNING,

Although the full force of the

PRICE, $3.00 Per Month.

REVERSED

SUCCESSFUL FULL COURT APPEAL.

EMPLOYER'S EIABILITY.

Mr. Justice Wood in the course gale was not felt in the Canton of a judgment. at the Supreme River defta on the occasion of last! Court this morning reversed a Thursday's typen some dam- previous decision he had given in age and at least one death have the Summary Court in view of cer been reported:

Writing on July 25, the "China Mail corrgrondent at Pakkai.

Mr. Justice Wood, giving jar Bem this morning in the Sam mary turk, following, the boat addresses, of counsel. found the Mr. and Mrs. Taylor wholly failed"}

4 is understood that the ob-Kongmon XA — in law, to prove wrongful distructions have now been cleared

misaal from the Cafe Parisien and That therefore their counterclaim failed. With regard to the facts he found there had been faults on both sides.

With regard to the claim of the Cafe Parisien against Mr. and Mrs.

Taylor. His Honour said his jude

ment anly concerned the amount admitted to have been received by Me and Mrs. Flor in respect of travelling expenses from Nanking 18168.881. He gave judgment for fre. Cafe, on this amount.

With regard to "usaks, "Wall of ur

Pests of claim would be paid by Mr. and Mrs, Taylor and the costs of the counterejaim would be costs assignable exclusively to the coun- Beriain.

He understood said His Honour, that the sum paid to the Hotel Metropole by, Mr. and Mrs. Taylor in respect of their board there] would be refunded by the Cafe,

The 'Taylors' Cuse.

away." but several portions of the road also received damage, and the work of making the route safe for traffic

has been hurried in order

remove the incon- venience.

Motorists using this road from this afternoon are advised to use extreme caution, particularly in passing the point about a mile up the road from the Hongkong Hotel garage where a retaining. wall collapsed." There is room here for only one car to pass at la time.

Up-going traffic will have the right of way, and cars coming down must wait until the road is clear..

Traffic at this dangerous point will be directed by a police officer Green and red light signals will be used at "night and in wet wenther.

WEATHER REPORT.

Good weather is indicated until noon to-morrow in the Observatory report, the forecast being south winds; moderate; fair.

From 11.m. till midnight, the typhoon was felt here, with heavy rain.

[Note: The typhoon was near Hongkong earlier in the day. Kongmoon is to the west of this

tain new facts which had come to light. 6.

Į The case concerned, the legal position of a landlord whose agent, empowered to do nothing other than collect rent, committed certain wrongful acts at the house of a tenant who was in

t

arreurs,

In the previous judgment His Honour had held that the land-

Colony and the effect there was lord was responsible for these felt later when the cyclone had moved in that direction. he...west. Facts of his agent and liable for wrongful distraint but this morn- wards.)

ing, in view of the flets which had been disciosed when the case was heard de novo. he found that the landlord was, not liable.

the

A Asherman was struck by lightning, and killed, near Fak Shek railway station (he tween Konggoon and Pakkai).

Rapids In Flood?.

On account of the strong cur- rent on the river, the Kongmoon Sainam towboat has suspended running.

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RESIEGED MOTHER'S ACT IN DESPERATION.

CHIEFTAIN'S $200,000,

可

Surring, Story of Fight-With

Troops...

From Our Own Correspondent.) Pakkai, Kongmoon, July 25. Surrounded in a wood and killed with his family, a notorious" ban- dit had on him $200,000 in Hong- kong banknotes when he met his death in battle,

This outlaw chieftain went by name of Yau Ming-kal..

With his wife and his children. and a number of faithful body- guarda, he sought refuge in a cluster of trees when besieged by troops who had routed him out of his stronghold.

ارام

Baby Frets.

Keeping up a continuous fre. the robbers kept the soldiers al When the case was heard de bay A period of tense silence novo in the Full of Append Mr. ensued, the outlaws saving their Eldon Potter K.C.. represented ammunition when they had re the landlord (the original defen-pelled the military. Not knowing dan)

where the bandits were hiding,

In giving his revised decision. the troops took up positions- The federation of owners of Mr. Justice Wood said that the without penetrating into the wood small river craft propose to char-evidence given at the hearing deuntil they heard a boy's cry. # ter a powerful launch, to act as novo presented new features in

It was the son of Yau who tug. This tug is to be placed two material matters. Firstly gave the gang away. His mother above the Kamchuk rapids to ren- with rrd to the alleged seizure realised that the child must be der assistance to vessels coming of chattels by the landlord's ser-preyented from making a noise up and negotiating the rapids.

vant. The witnesses who gave and instantly killed her baby by There has been some damage to direct evidence on this subject had strangling him with her Own the Sunning Railway as a sequel heen confronted with their hands. But that one cry wa to the heavy rains. No renewals earlier affidavite made have been made to the blocks another matter from which this

in enough.

since the strike began last year-allegation, though in that con- Pressure is stated to be lowest as none has arrived-and these nection

The soldiers poured volley after. also over Manchuria. It has decreased

material. was volley on the spot where the y and summarily was overwhelm-moderately over S, Manchuria and

blocks are in a poor state of re- omitted.

sound came from and extermin- "Must Be Varied." ing. Apart from the evidence N. E. Japan and slightly from S., W. 23 was derailed near Pak Shek. pair. The midday train on July

ated the whole band. the interested parties there was the Japan to Luzon. A feebly anticy- There was no casualty.

The plaintiff also in his evidence

Yau had on his body the sum A notice given at the hearing de novo had stated above. evilence of the assistant manager clone stretches from Formosa Lohas been posted to the effect that admitted that a

Each of his men who was still in the employment o'] the Bonina.

set of "mal carried several thousands of dol- there will be no train to Pakkai cheuk" dominoes was included in lars. The inference is that they the plaintiffs and who had attend-

for four days.

his claim by error. This new

had taken with them all of their matter casted doubt upon this ill-gotten loot, prepared for fight. allegation, with the result that

Yau's head was taken to Sun-

Mr. M. M. Watson, "epresenting Mr. and Mrs. Taylor, addressed the Court when it opened this morn -inx. He submitted that the evi: Edence that his clients (the de Tendants were dismissed wanton

too

on subpoena. He had stated defnitely that he beard the word that all the employer had to do was

Other Damag "discharge."

to make iffe unbearable and then

H.M.S. "Moth" arrived on July The fact that the plaintiffs might belaim daruges. He thought thatH.M.S "Moosen came in on 18 and left two days afterwards. have been angry at the time did his Lordship was assuming But, in counsel's

view, alter the much from the law cases under con July 21 and cleared the next day, farts at all. It was no defence to sideration if he held that It would just before the typhoon.

ehim for breach of contract that have to be literally "impossible" for when you made that breach, you the employee to carry out the work did not mean it.

in order that he might succeed in a claim for breach of contract.

Counsel submitted that the evi- dence of plaintifs was unreliable. Mr. Durand had said in the witness hex that he would be prepared to take Mr. Taylor back. Of his own volition, Mr. Taylor yesterday evening had offered to go back. Mr. Durand had replied that he could not accept him; that in faev he had already cabled to Shanghai for another manager.

He Was Lying."

Surely if an employer made it just table for an employee to leave it was equivalent to his having told that employee to leave.

the

The Cafe Case.

Later.. Several houses have collapsed, Cargo-boats capsized in the storm. The fruit crops and mul- berry trees at Kongmoon have been slightly damaged by the ¡storm.

BANKS IN H.K. COMBINE?

Peking, July 14.

|

Whole Band Killed. '

the burden of proof resting onning city to be exhibited on the the plaintiff must now be held not city walls, as a warning to the to have been discharged fully. So public. far, added His Honour, his judg ment given at the first trial, must be varied.

Subsequently, as to the charac ter of the employment delegated to the defendant's servant, evid-

was both new and ence which crucial had been given. This evidence was available at the

Kwonghoi city was recaptured by the authorities, from plun- derers, several days ago... The aeroplane sent from Canton to take part in the punitive expedi tion has been returned.

Worse Than Earthquake. On July 23, Tach U, a pirate leader in the Kowkong-Kamchuk region, carried out a test with some mines. These infernal con- trivances were placed in the river near Koon-shan and blown up.

The people in the vicinity were Communities living a good distance away were certain that there had been a great earth-. quake.

time of the original trial but was not offered to the Court by the de- fendant. At the first trial, in the presence of the defendant himself and in his hearing, evidence was given that the servant concerned was in general control" of the terrified. to

premises, the apparent effect of that evidence being that the ser- vant in all matters represented the landlord to the tenant.

dressed His Honour on behalf of Mr. G. S Hugh-Jone then ad-

He explained with reference to the Cafe Parisien management. offer of Mr. Taylor to return According to advices from Hong- work that it had been made at six Kong, three American banks con o'clock the previous evening and sisting of the London and Paris intimated that he was returning National Banking Corporation,

His client was Anglo-California Trust Co.,

within the hour.

and

It was therefore quite clear, said counsel. when Mr. Durand said in the witness box that he would be prepared to take Mr. Taylor under no obligation to take him the Equitable Bank of New York, back that he was lying. He was back and surely not at a minute's will jointly establish a banking also lying when he said that Mr.notice. As a matter of fact it was corporation in Hongkong, capital and Mrs. Taylor were not dis impossible to take Mr. Taylor backed at gold $140,000,000, with

missed. I was obvious that the plaintiff's had only said what they tid yesterday' beenuse they thought it would further their ense and because they never thought for minute hht defendants would

be prepared to go back. The moment they were put to the test they had refused to bear out that to which they had deposed.

The

On July 22, another attempt It had now been clearly shown was made to rob the coalyard at that this was not the case. The She Shan. It was launched at. contract of tenancy was made in midnight but the "attackers were writing with the owner. The We repelled:

in view of the cable despatched to view to, monopolising the banking Fat Shing firm were the owners'. Shanghai for a new manager. imputations which had been made. By to the veracity of his clients were not justifled, said counsel.

The Taylors' Evidence. On the other hand, the evidence of Mr. and Mrs. Taylor was most unsatisfactory, said "counsel.. Mr. Taylor said that the reason he had

business in China, the Straits Set- tlements and South Sea Islands, The scheme is being pushed out secretly by influential members of the syndicates concerned. "Shang

ai Times."

AT THE FRONT.

The agents in general terms. owner himself decided any re- pairs to the property. Another servent of the firm had express authority to distrain from rent GENERAL CHANG KAI-SHEK in arrear. The servant here in

AT SHIUKWAN. question had a liability duty, viz., to demand rent. due, to receive it when paid, to issue his employer's

put in no account for travelling KOWLOON TRAGEDY. chop and stamp receipts for rent,

WOUNDED MAN DIES IN HOSPITAL.

#

to act in fact as a channel of communication between owner and tenant.

General Chang Kai-shek, com- mander-in-chief of the Canton Nationalist Army, is reported to have arrived at Shiukwan, by train, from Canton. Shiukwan is the main base of the Canton army for its war in Hunan, against Wu Pei-fu's allies.

1.

What Willie Thought.

When the vicar called, the

"Mr. Watson submitted that on the first point, that of wrongful expenses was that he was in no dismissal, Els clients had proved need of money. Yet in evidence' their cake. Then there was the he admitted that he had to borrow alternative that in any event they | the 3200 to come to Hongkong.

A New Shape." were entitled to leave their employ Mrs. Taylor. again, had strenuous-

MORE DETAILS.

This being so, continued His ment because of the treatment of "ly denied" any cause for complaint

Honour, the question as to whe- Mrs. Tayiar. It was surely im- on the part of Madame Flint as to Further particulars have been ther the acts complained of by Two vernacular papers report possible, suid counsel, for husband her attendance at the service bar, received about the tragic death of the plaintiff were done by the ser- that special patrola were out in and wile to carry on if that sort of yet in cross-examination she ad- a coolie by jumping out of a vant in the course of his employ. Canton on Tuesday, and that treatment was likely to continue. mitted that she had been there verandah after seriously wound- ment assumed a new shape. extra vigilance was maintained The fact that the plaintiffs' con- most of the evening ahroffing up ing another shortly before mid- Subject to the variation already for a while. Armed squads, in duct was such as to justify the chita,

night on Tuesday. The injured mentioned, said His Honour, he motor-cars are stated to have defendants throwing up the con- His Honour had to consider two man has since died in hospital. was prepared to repeat the find-scoured the East Bund. tract was surely equivalent to a points, the first being whether the It appears the wounded maning of fact contained in his origin- breach of the contract by the defendants were dismissed, and the was seated on amat near the al judgment but in consequence of plaintiffs.

second whether. If they were not kerbstones in front of the Kam the new evidence offered at the Judge Disagrees.

dismissed, they were justified in Hing knitting factory. in hearing de novo for the first time, His Honour intervened and in- leaving their employment. If His Haiphong Road when he was the acta committed by the servant. timated that be disagreed. He Honour found that they were struck on the head and cheat with must be held to have been done family was at supper. Hurriedly would like authorities. He adjustified in leaving, then the plain a chopper. The attention of some outside the course of his employ-ninther put the beer bottle under mitted that counsel had given him tiffe' claim for damages fell to the persons was drawn to the spot by ment. Judgment must in His the table, cases which proved that in the event ground. But defendants' claim to the man's groans, but just at that Honour's opinion, bè given to the "Good evening." she said; "It is of a master rendering it impossible damages in that event could aure- moment a loud thud followed by landlord,

stormy to-night.".. for an employee to fulfil what hely not be good in law. The law a yell was heard on the west side

"Yes," replied the vicar: "no had engaged by contract the em- applied to certain cases where of the road, and people who hur-

doubt we shall get some more ployee was entitled to claim for contracts had beer terminated ried in that direction found that

hull." wrongful dismissal. If the employee owing to circumstances which were an old man lay dead with bis left without this work being difficult to bear or even unbearhead smashed. rendered impossible by the actionable: But it applied saly to the The two men lived together of the employer then the employer position as regarded the contract with their families and the motive was entitled to damages from the and could not be extended to a for the attack is unknown at pre- employee for non-completion of the claim for damages. The contractant. The chopper with which must have been made impossible the fatal wounds were inflicted of performance for a claim of that was found and identified as the The Chief Justice who, together sort to succeed..

property of the man who com-with Mr. Justice Wood, comprised mitted suicide.

the Full Court, concurred.

terms of contract.

Mr. Watson said that if it was to be held in this case that the defendants were labie It soomed (Continued on Page 0.)

"'"

Costs.

*.

With regard to costa It seemed to him, added His Honour that a proper order was one under which

"I don't think you will remark- each party should pay their owned little Wille; "mother has just costs as incurred to the time of put it under the table." the announcement that the case would be heard de novo and that the tenant should pay the costs of the latter hearing,

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