1940-06-06 — Page 3

THE CHINA MAIL, JUNE 8, 1940.

CLAIM AGAINST

Ubberg, Supreme Court

Page

THE HOTEL GARAGE QUEENS THEATRE

.

THE CASE IN WHICH THE Admiralty is claiming £1,208.4-7d. from the Hong Kong and Shanghai Hotels, Ltd., as a sequel to an accident in which Commissioned Engineer. W. A. Jones, R.N., was badly injured on the road to Fanling on July 24, 1938, was continued this morning before the Chief Justice, Sir Atholl MacGregor. The Hon. Mr. Leo d'Almada, Jr., quired care instructed by Messrs. Hastings and Co., was liable. is representing the, Admiralty while Mr. Eldon Potter K.C., instructed by Deacons, is for the Hotel.

At yesterday's hearing it was shown that as the result of his injuries, Jones had to be invalided out of the service and sent home.

The accident occurred as the car was going down the second, hill near the 121⁄2 mile stone. The car skidded, and the driver, attempted to correct the skid, but the car skidded in the re- verse direction, hit the side of the road and threw its occupants out,

Plaintiffs' case is that the skidding was due to bad tyres.

*

for if overdone

a skid

In reply to Mr. Potter, Inspector Tuckett said he had the impression that that part of the road was more slippery than others and that a skid, if over-corrected, would result in a bigger skid.

The surface was tar with chipped granite, but the road at that point was now smooth,

There had been a heavy downpour that day.

EVIDENCE ON TAR

Mr. A. Mann, service manager of Gilman's, said he had held that posi- tion for 9 years and prior to that was a sergeant in the R.A.S.C. transport

The amount of damages is not dis-section. puted, but the defence is a denial of duty and of negligence and an as- sertion that the car was 'reasonably fit for service. The defence denies any duty to Mr. Jones, and knowledge that the car was unfit.

instannle

a

He considered the tyre shown in court to be unserviceable and would not allow it on his cars. He considered it unserviceable for two reasons (1) the danger of skidding owing to its smoothness and (2) the danger of a blowout as the canvas was showing.

It was his opinion that the accident was caused by the smooth tyre or some mechanical defect in the car. In the absence of such defect, the smooth- ness of the tyre was the cause. Smooth tyres were more likely to skid than others,

Case is proceeding.

INSPECTOR'S EVIDENCE Inspector Tuckett, stationed at Tai- po Police station, to-day said that a report of the accident was made to him. With the assistance of the driver, he made certain measurements.

The

rear typres of the car were smooth, but the front. typres were; in good condition. He had 20 years' ex- perience of driving. ::. The......... ac- cident occurred on slope. He agreed with Mr. Dealers in new and rebuilt Typewrit d'Almada that, knowing the facts of ers of leading makes, Carbon Paper, the accident, the cause- of the skidRibbons, Adding Machinés, &c. Type- was the smooth typres. Sudden appli- cation of the brakes,might cause a skid as also might going too fast.

If a car was fitted with proper tyres, it might not skid even with such vio lence. Police regulations required that tyres be serviceable. The rear tyres were, from police point of view, ser- viceable. An unserviceable tyre was ope liable to a-burst.

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In reply to Mr. Potter, witness said the regulations applying to tyres were that they should be in a good and ser- viceable condition. The mere fact that a typṛe was smooth was not neces- sarily a danger, but it was more prone to skid.

He normally touched his brake on that hill. Braking on a steep hill re-

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