1929-08-29 — Page 12

12

MOTOR LAW

HOTH-TO-BLAME ACCIDENTS

DISCUSSED

[By a Legal Correspondent of

*Truth"]

The number of ways in which acci- dents can happen on ä read may be re- garded as without limit. For the pur- pose of liability for damage, however, lawyers have to sort them inte classes. Some, no doubt, are possible which no human care

or foresight could pre- vent; for example, an earthquake wight shake a road and cause two cars care- fully driven to come into collision. In this case the loss is borne where it falls, though the rule might be hard on the owner of the smaller and more fragile vehicle. The case where the driver of one vehicle is wholly to blame presents no difficulty except that of de-

NEW BUICK CAR

POPULAR THROUGHOUT

WORLD

"It would seem that everybody in U.S.A. and in foreign countries wants a Marquette. The demand set in almost from the first day it that Buick would was announced build the car-and-that it was

THE

AMAZING RESERVE

THE TOURIST TROPHY 5.

RACES

in

CHINA MAIL,

THE "T.T." RACE

PREMIER MOTOR CYCLING EVENT

for

THURSDAY, AUGUST 29, 1929.

what remarkabie races they are. machines they ride. One of the finishing post. This board is link- The pluck and skill of the riders, most astonishing things about this ed up with telephone stations at their astounding cornering, and the wonderful race is thut, although the many points around the 37 miles wonderful organisation are un-cheuit is so tricky, the speed aver circuit, thus enabling the staff equalled in any other event of a ages attained are increasing year which manipulates the scoring similar nature held in the world. by year, thus demonstrating that board to acquaint the big crowd of

and the The speed at which the riders take the knowledge

experience spectators with the progress made. the hairpin and other corners is gained by the makers of the | by cach rider, as he advances round almost unbelievable and the spec machines taking part in these races the course. A large map of the cir- tacle is witnessed of 40 to 60 has a beneficial effect on the dower, cuit is displayed above the board, riders, mostly in Indian file, but acceleration and braking of their on which the checking stations at sometimes in twos and, threes, later models.

various points are marked and in- Great interest is shown in Eng-dicated by letters. A small dial descending a long incline at from 80 to 90 miles an hour, and taking land over the races, and many with the same letters showing is a turn around a telegraph post with special trains and steamships are displayed over each of the racing hardly any perceptible slacking of chartered to take care of the big numbers of the riders, and under- post by inches. The certainty with trip to the Isle of Man from all showing the number of laps the speed; each rider only missing the crowd of spectators who make theneath are pads of paper numbers which each competitor approached parts of England, Scotland and rider has to go, from which a sheet post is, according to an eye-witness, events, feature of the organisa- As a competitor passes the various and skimmed past that telegraph Ireland to witness the blue riband is torn off as each lap is completed.

an object lesson of cool and skil-tion associated with the promotion checking points around the circuit, the a hand on the dial above his num- elaborate system of posting the ber follows his movements, and, at large fields which start in each

the same time, loud-speakers an-

board has been erected opposite the tion of the race keeps interest sim-

nounce the time of passing.

grandstand at the starting and mering from the start to the finish. A most elaborate scoring this method a most graphic descrip-

"If advices from General Motors The effect of the Tourist Trophy The world's classic motor cycle are an indication, the motor buying Races is undoubtedly reflected in road

carnival speed public of the Colony is promised the amazing reserve of speed and "Tourist Trophy was held early something exceptional in perfor- reliability of the modern British in June on the Isle of Man, off the mance and value in the new Buick-motor cycle. The races subject a coast of England. The results of Built motor car, Marquette" said machine to a punishing test un- the three races, which comprise the the Manager of the The Dragon equalled

any competition series, are always awaited with in- Motor Car Company, Ltd., in an throughout the world. To emerge terest by those who follow the de- interview with a representative of

a winner is to ballmark a machine velopment of the motor cycle. this newspaper yesterday. ·

as a well-nigh perfect production,

The junior race, for machines of whilst even to finish and qualify up to 350 c... consisted of seven for an award is a guarantee of the laps of the circuit, each lap being highest standard of excellence; for 374 milea, a total distance of not only is the engine tested upon 264 miles. This event was won to produce, but every other part of by F. G. Hicks, riding a Velocette, the machine frame, gearbox, who broke all records for the course. eiding the fact. and the position is sponsored by General Motors Cor. f'clutch, brakes, magneto, chains, by covering the distance in 3 hours ful riding. Much of the circuit la and running of the races is

But while I have not controls, tyres, bearings-every-47 minutes 23 seconds, averaging only a" narrow, road bordered on seen the new car yet, I believe that thing down to the last nut and split [69.71 m.p.h., and establishing a new both sides by ugly looking walls prograus of every contestaut in the pin is tested in a like degree ap record at an average speed of built of atones. That so few seri machines are, they provide in- (A.J.S.), who finished second, wasily and circuitous course is in- Specially prepared as these 70.95 m.p.h. W. L Handley

ous accidents have occurred on this formation for their manufacturers, only 34 seconds behind the winner, deed a tribute to the men and the the results of which are woven into and put in a wonderfut apart in an the standard machines produced endeavour to avertake Hicks, for the greater motor cycling public. streaking past the grandstand at ww

In the Lightweight race, the lit-39 miles an hour. Alec Bennett, tle 250 cc. machines showed a sur-who won this event tast year and prising torn of speed, the winner's pastablished a lap record of 70.28. average time of 63.87 m.ph. on a m.p.h. finished third. In last year's

much, the same in the ease of the swerve of one vehicle. into another to avoid killing a child or an animal which has

suddenly run on to the road. Mare complicated and very common is the case-recently the subject of an import aat decision in which both drivers for driver and pedestrian, as the case nay be) are at fault. In actions whore This is alleged the defendant raises the Segal plea of "contributory negligence," and lawyers can turn up scores of such rases in their books. The effect, of the recent and former decisions is that a

poration.

readers of your newspaper will be

enthusiastic about Marquette after it arrives and they have an oppor tunity to see it with their own eyes and judge. its value by its quality and its performance. I wish

could get some more details about the construction of this car, and as soon as I do I shall be glad to make them public through the columns of this newspaper."

Marquette de Luxe Model 30- 2-door, 5-passenger Sedan.

plaintiff, originally at fault, may yet re- cover damages if the defendant by rea- sonable care could have averted the accident. This may at first sight be tonsidered a common-sense view; the application, however, is not always ensy.

A

Accelerates on Wrong Side For example, let it be supposed that a driver seeks to pass another on a curve on' a narrow road, and acceler utes blindly on the wrong side of the road-a cardinal sin on his part. car proceeding the other way suddenly acmes into view, and there is a collision The first driver would be liable in the ordinary case. If, however, he could prove that the driver of the second car had started with his brakes out of order, and that had they been in order the collision could have been avoided, the blame will be imputed to the latter assuming, of course, that the original offender had jammed on his own brakes, and done all he could to avert the ac cident. The reasoning of the judges in such a case is that the negligence of the second man is the real cause of the accident, for it would not other-

wise have happened. The way it is put is this: that although A may have been guilty of negligence, and although that negligence may in fact have con tributed to the accident, yet if B could in the result by the exercise of ordin- ary care and diligence have avoided the mischief, A's negligence will not excuse him.

This doctrine, it may be added, gives judges a difficult task, and a few years ngo several of them in Ireland were very sharply divided in opinion as to a case in which a woman stepped into the road in Cork, and was knocked down by a baker's cart. The woman was not looking where she was going, but the boy driving the cart bad turn- ed round to prevent some loaves falling out of it. Both were therefore at fault. In fact, three judges awarded damages to the plaintiff, but the two against her were the majority in the Court of Appeal, so she lost her case. Admiralty Practice The rule in Admiralty practice, that is, in collisions at sea, is diferent. Originally, if the navigators of both vessels were to blame, each ship bore half the total damage, but, since the Maritinte Conventions Act of 1911, the Court can apportion the damage in the degree that they assess the blame Thus, if they find A was twice as much to blame as B, A pays two-thirds of the total damage and B one-third. This rule has in fact been applied to all collisions by the statute law in some

countries, but not here. It is arbitrary, but it does not involve comparing the conduct of two persons in fractions of seconds, which may be the task of Judges under our rule.

The insurance companies' "knock for knock" rule is even simpler, and no 'doubt results in very substantial sav sing of lawyers' bills. It is only prac

ticable, however, when a company has to deal with. so, many collisions that re- Ralis even out."

|

REMARKABLE

THE CONQUEST OF THE

NANKOU PASS

Like Alexander, an explorer com- plained recently that there were no more world to conquer. The Mur- ris-Commercial Six Wheeler, how over, does not appear to suffer From this handicap.

2.46 Excelsior-Jap, being a record for the course in this class.

F. G

The Junior, race was a triumph for the Velocette 3.48 e.c., its ride F. G. Hicks, winning at a speed of 69.71 miles an hour, this also being

Peruri time for the Junior class. Perhaps one of the most remark able features of the Senior race apart from the astounding record speed of 72.05 m.p.h. achieved by the winner, C. J. P. Dodson. riding a 4.93 Sunbeam, was the excellent performance put up by the 350 c.c machines in competition with their After its triumphal defeat of the more powerful "brothers."

Hicks, riding a 3.48 cc. Velocette Kalahari Desert, the "worst de- sert in Africa," this remarkable

succeeded in gaining 6th place in the final order-his speed of 69.26 machine has now tackled the moun m.p.h. being a very fine achieve tainous desolation of Northernment. Indeed, it is probable that China, and has once again demons trated its ability to overcome the seemingly impossible and vain."

The Nankou Pasa forms the solo outlet from China into Mongolia The Chinese believe that a road ex ista over the mountains at thi point. If the rock-strewn bed of a mountain torrent over which Do moter-vehicle had hitherto ever passed without being unladen and propelled by hora power can be described as a road. then the Chinese are correct in their belief. The tireless coolie the broad-footed Bactrian camel. and the sturdy mule-drawn native carts are the sole users of this

highway."

In

2

bad the weather conditions been as favourable during the Senior they were for the Junior race, this speel might easily have been im proved upon. But his success will be admitted to be even more re- markable when it is pointed out that he was using exactly the same machine with which he had won the Junior race. A few minor adjust valves were re-ground, but he ac- ments had been made and the

tually employed the valve-springs, piston rings, etc., as well as the same main parts, and at the conclusion of its second race, the machine appeared to be as good

as new.

same

Lyres,

This is surely conclusive evidence of the outstanding reliability of the British motor cycle.

Six Wheeled lorry, with ten passen Apri a Morris-Commercial

In addition to F. G. Hicks, two gers and a load of over 3,000 lbs.

other riders on machines of the set out from Peking to attempt the junior class and from the same fac climb to the Pass. By fitting sintory were among the 16 who ac gle tyres in place of double tually finished the course, securing the track was reduced to little more than that of the ordinary eart track of 4 fl. The wisdom of this plan bore its fruit on the Pass, for in many places there was only just room to squeeze through. The foot of the climb was reached in three hours. At the end of an+ other three licurs the Morris-Com- mercial lorry stood within the shadow of the Great Wall of China and the Nankou Pass quered.

12th and 14th place. This was very fine performance taking into. consideration the fact that they were competing against 500 e.c. models, capable of 105 m.p.b. The fact that three "Junior" machines succeeded where several of the 500 e.. models failed is a proof that the battle is not always to the strong." An examination of the winning machines after the races revealed the was con

The

Photographs, taken during the climb, give some idea of the ter rible nature of the going. so-called road was littered with great boulders and intersected with stone watercourses. These were more than 6 in high, and crossed the track at an angle. causing the front wheels to leap into the air Frequent delays were caused by the strings of transport mules and other, traffic which, for countless centuries, have used this famous Pass

Tn the experienced hands of Major E. C. Pinder, R.A.S.C., the car throughout, behaved splendid

f

supreme mechanical fitness which was partly responsible for their success. With the exception of very minor defects, such as a broken exhaust valve-spring, the engines were in splendid condition, and after adjustments to brakes, slack chains and tappets, advisable machines would have been ready to in one or two casey. the same take part in another T.T. race.

The stage of reliability which has been reached in the production of the modern motor cycle gives rise to doubts as to whether further substantial improvement in design and performance can be achieved on present lines. But the British manufacturer aims at a theoretical standard of perfection and the ex

con-

WHY TWIN BEDS ?

Why is that abominable ides, the twin bed, spreading, asks a reader y proving its complete adequacy perience gained from the severest of The Motor" in the course of a

under supremely severe demands. road races in the world is reflected sprightly letter in the correspon- One of the passengers commenting in further refinements and improve. dence columns. He contirues: Of afterwards on his experience, rements, introduced into his standard course, if a man has drawn some marked on the amazing way, the models, for the greater thing like Migg's "Maggie in car made light of every obstacle, ventence, comfort and safely of the the・ matrimonial lottery I can boulders and big stones "being rotor cycling public all over the understand it, but providing one's flung aside like water at the prow | world. wife neither bites, scratches nor of a ship" kicks, why want to be away from her? So far I have only been married three times, and I hate these beds like poison.

The feat has caused the greatest tracted by what is undoubtedly an interest all over China, General outstanding achievement, and a Shang Chen, Military Governor of further brilliant testimony to what the Province, being intensely at these vehicles can do.

race Bennett's time was 3 hours 50) minutes 52 seconds, and his average) speed 68.65 m.p.h.

The second T.T. race, a light- weight class (under 250 cc.); re- suited as follows:--L. A. Crabtree Excelsior 1: K. Tremlow (Dut), 2; and F. A. Longman (0.K. Supreme), who won this event last year. 3. Pietro Gheral, of Italy. riding a Gussi, did the fastest lap 374 miles) at an average speed .66.2 m.p.a., bettering the lap re- cord of 64.6 m.p.h. established by anuman last year. This is a won derfully good performance for a ight machine.

The Senior T.T.. considered the premier event of motor cycling, is the final of the series. Forty-seven competitors started in this event. which resulted in a, victory for C J. P. Dodson (Sunbeam), who won he saune race last year. His time was 3 hours 39 minutes 59 seconds, and he attained the record average speed of 72.05 miles an hour. Alex Bennett (Sunbeam) was second in hours 44 minutes 47 seconds, with H. Tyrell Smith (Rudge) third, in hours 45 minutes 37 seconds. Art Simcock, the Australian rider, was a member of the Sunbeam team that, for the second year in sue- session, carried off the senior team prize. Simcock is the first Austra- lian to have completed the full course of this severe contest.

Only those who have been for- lunate enough to witness these venta can have any conception of

race.

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