1923-05-15 — Page 3

Page

WORLD

THEATRE

TUESDAY & WEDNESDAY (15th & 18th May),

at 5.15 p.m. and 9.15 p..

LEWIS J."SELZWICK

PRESENTS

WILLARD MACK'S

THE

"VALLEY OF DOUBT"

The Strongest Northland Story Ever Töld

&

LOVE ROMANCE, ADVENTURE.

2:30 & 7.15 : p.m.

FRANCIS FORD & ELLA HALL

15

"THE GREAT REWARD." Episodes 1 & 2.

BOOKING AT THE THEATRE.

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THE HONGKONG DAILY PRESS, TUESDAY, MAY 15TH,· 1925, -

1!

SUPREME COURT.

admitted that by going straight on the accident would have been avoided, she did THE DEEP WATER BAY COLLISION,

so out of a sense à fairmindedness, What CASE CONCLUDED.

she had meant to intimate was, that it COUNSEL, ON LADY'S ADMISSIONS. she carried straight on, as things sub- sequently turned out there would have The Supreme Court case in which Mr. been no accident. At the time she turn- J. J. Thorman, an engineer of Causewayed her ear into the left side of the road, Bay, mied Mr. and Mrs. J. M. Elias van obeying her natural intinets. Mr. Thor- Castricum, formerly of the Penk, but now

man was bearing across to the right, but af Robe, for $10,000 damages for injuries he anticipated that he also would turn rverived in a motor cycle collision,—Mr", † hack to his left, and avoid the nėçidrat, Castricum iving the driver of the car. was conclüded yesterday,

Instead, be continued on his course, and to the collision, tuok place. The one Mr. Eldon Patter appeared for the driver, therefore, instinctively cheyed the plaintiff, and Mr.. F. C. Jenkin repre] sented the defendant.

British Fale of the road and turned to the left, while the other bore to the right. Before Mr. Jynkin addressed the Jury, Under the circumstanevi he suggested to Mr. Potter asked that he might make the Jury that, very possibly, Mr. Thor-| submission for the direction of his Lord-man, unconsciously and justinctively obey- ship, and for the guidance of opposinged the rule of the road of his own country. counsel

Denmark, and thus went over to the j

At the right and caused the collision. same time he dropped his feet to the ground and threw bis hands over his head. The conduct of the two drivers did" but bear out the comparision he had already) made.

Ou the facts (he said) the Jury would find that Mrs van Castricus, by carry ing straight on in her original course [could have avoided an accident altogether.

This was a fact that the lady, rather to his surprise, bad freely admitted in the course of cross-examination... This being so, the law said it was imperative she should have gone straight ow, and not changed her direction in any way. This rule was laid down in Halsbury, in No 8 Revised Reports, and other guthorities, clearly and without compromise.

кля

Mr. Polter, replying, said he entirely | dissented when Mr. Jenkin aid the foundation of the case for the plaintiff, was that the lady kept her head turned for three quarters the length of the bridge. Right froin the beginning, the case for the plaintiffs had been that the awlady turned in to the right and waved her hand in such a manner as to lead the plaintiff to believe that she wi-had him to turn to his right also. Why she The "fact simply did it did not matter."

Mr. Jenkin remained that she did it. had said that Mrs. van Castricum · Ead expected Mr. Thorman to obey the Eng- ligh rule of the road and turn in to his. left when he saw her do likewise, but be

His Lordship asked whether this did not apply to horse traffic,

Mr. Potter réplied that the principle was the same for all kinds of traffic. The only distinction made was in his favour, for it was laid down that a motor car You amore dangerous thing." only did this law apply to road traffic, but to ships at sea and in harbour. Even if the plaintiff was on the wrong side of the road, if the defendant by going would remind the Jury that the first straight 47 could have avoided the person to turn to the right at all wis accident and yet refrained from doing so, Mrs. van Castricum. She took the one then the plaintiff was in the right, and and the only course that could possibly the defendant was without the law. She have brought the two vehicles into colli- had stated that she was entitled to go sion, and he contended that the whole over to the left,, but under the circum- responsibility" was hers. stance the law did not give her that right.

Mr. Jenkin, in his address to the Jury, asked them first to consider a compari- sion of the relative merits of the two drivers concerned in the nccident, Take the plaintiff. He was riding a machine he had neven been GA before, The machine itself was strange to him. He was admittedly nervous as to his ability to drive the motor cycle, and, on his own, admission, he had not desired to ride it upon the Island road, but would, rather, have preferred to drive it in Kowloon where the roads were easier for him. It was only under the influence of the prospective vendor that he had consented to ride it from Aberdeen 'to the foot of Repulse Bay Hill, 'He admitted also, that almost immediately prior to the accident. seving coolies walking on the bridge, the car coming towards him, and having in view the possibility of another car coming out of the parking ground he was un- certain what course to adopt, and had shut off his gas to slow up.

He admitted ho had been never been

His Lordship then summed the case up for the bencfit of the Jury, and went over- the facts.

The Jury found for Mr. Thorman, and his Lordship awarded him the $10,000 daninges claimed and costs.

COLONIAL OFFICE AND CROWN COLONIES.

LORD BURNHAM'S CRITICISM. The West Indian Club entertained Lord Burnham at dinner at Whitehall Court on. April 11th, on the completion of his tour to Jamaica and the West Indies. Lord Kylsant, presided and proposed the health of Lord Burnham. Ho said they recognized his great work for trade cliffe was another journalist who did much and the Empire. The late Lord North- to bring home to our countrymen the fact that they were members of a far-flung Empire.

Lord Buruhan in reply, said it had been well said that history was likely to mako en wise and was sure to make men sad. When one drew the moral from the poignant contrast of what the United States bad done in a few years for Cuba and what we had left undone for our own Colonies, if it did not make us wiser it would certainly make us sadder. The Colonies had shown themselves unconquer-

on this road before, excepting once usable in their affection for the old flag Passenger in a motor car. Last, though and foolproof against the worst stupidities by no means least, the last time he hid of Downing-street, (Laughter.) They driven a motor cycle was three years ago in the country roads of Denmark, a land where the rules of the road were directly opposite to those of England, and of this Colony.

Then they had the other driver,--the lady. She was driving a car with which she was familiar. She had driven that car en the roads of this Colony continuously for the past two years, and had the British rule of the road ingrained in her. She knew that rond," and she knew the care that was needed in crossing the bridge. Furthermore, she had been driv ing a car, for the past fifteen years at least, and had been described by the bend of the Trafic Department ns a plendid driver."

Mr. Jenkin contended that the foundar tion of the plaintiff's case was the state. ment that the lady drove her rar for three-quarters of the length of the bridge with her head turned, and one hand off the wheel Under the circumstances, con- sidering the lady's experience, her know- ledge of the road, and the narrowness of the bridge, it was hardly possible for them to accept that statement. If she could have been guilty of such conduct, then they could only say it was a mercy of Heaven" that she did not pile the car up against the sea wall, smash into the pedestrians, and cause an accident far more serious in its consequences than the che that was the subject of this case. With reference to Mr. Potter's submission that it was her duty to have gone straight œi, that law, in this particular case, did not Whilst Mre van Castricum had

hold

owed much to the enterprising spirit of American capital and organizing powe hus that had not made them shift a cable's length from their old moorings. (Cheers.) It bad been said that he rusty methods of the old Colonial Office were dead and damned. They might

the bo for

self- governing Dominions, but they still crop the case the Crown ped up at times in Colonies. They would not disappear unless and except the fresh air of publie opinion was let in on them. There ought to be a member for the West Indies in the House of Commons. There was no doubt. they wanted more of what was called "organized publicity in the British Press. (Cheers.)

HONGKONG SHARE MARKET. CLOSING QUOTATIONS.

MAY 14th, 1923. Hongkong and Shanghai

Banks

1,078 Union Insurances...

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