1929-09-11 — Page 3

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MOTOR NOTES.

LAW UPON STREET ACCIDENTS.

CASES WHERE BOTH ARE TO BLAME.

THE NEED FOR ORDINARY CARE.

The number of ways in which accidents can happen on a road may be regarded as without limit. For

the purpose of liability for damage,

however, lawyers have to sort them into classes. Some, no doubt, are possible which no human care or foresight could prevent; for exam ple, an earthquake might shake a road nad che two cars carefully driven to come into collision. Ia thin case the loss is borne where it fails though the rule might be hard on the owner of the smaller and more fragile vehicle, writes Truth.

The case where the driver of one vehicle is wholly to blame "presents no difficulty except that of deciding the fact, and the position is much the same in the case of the swerve of one vehicle into another to avoid killing a child or an animal which has suddenly run on to the road,

Both at Fault,

THE HONG KONG DAILY PRESS, WEDNESDAY, SEPTEMBER 11, 1929.

For example, let it be supposed that a driver sects to pass another on a curve on a narrow road, and

accelerates blindly on the wrong

side of the road-a cardinal sin on his part. A car proceeding the other way suddenly comes into view, and there is a collision. The first driver, would be liable in the

ordinary case.

Faulty Brakes,`-

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, the original offender had jammed on his own brakes, and done all he could to avert the accident,

that

POPULAR WITH GOVERN THE STRAIGHT 8.

MENTS.

"Motor transport is being increas. ipgly used throughout the world by Government Departments of all kinds, and it is interesting to note that no less than over 30 Govern- ments are making use of Albion

The

Plaintiff Wing,

woman

was

·A· WORLD-WIDE TREND,

RESULT OF RECENT SURVEY,

"Arrow Export Corporation. "Stude, The carburetor is of the duplex cular ventilated disc 14 inches in

baker's now Director Eight will be type, Current for lighting is diameter. largely responsible for the gain, furnished by a high tension battery | The front and rear springs of the he stated, “since it offers eight ignition 12 volt gjatena, 1. semi-elliptic type are of Studebaker eylinder performance at a price well The clutch is of the improved design and manufacture. The front within the six-cylinder held. With double disc dry plate type, 11 springs are 39 inches by 2 inches three lines of eight-the new inches in diameter. The gearbox is with 14 leaves. The rear springs Director and the popular President in unit with the engine, with selec- nro 36 inches by 3 inches with 14 and Commander-the corporation is tive sliding four speede forward leaves. The front wheel tread is well prepared to meet the growing and one reverse. The standard 63 inches while the rear wheel demand for eight-cylinder cars, ration are in Arst, 4.9; second, 3.0; tread measured midway between.

third, 2.0; fourth, direct; reverse, the dual wheels is 8 inches. 6.5. Provision is made for standard S.A.E. power or pump take-off.

The cam and lever type of steer- ing gear having a reduction of 18 A drive shaft of three pieces is to 1 is used. This means that thres

At

MORE THAN "LIFE SENTENCE!"

Budd

A world-wide trend toward the A new Studebaker bus chassis of vehicles for various purposes, and straight eight motor-car is indicated-inch wheelbase, powered by

113 horsepower straight sight, motor many of them are placing repeat by sales data recently compiled by and designed to accommodate a orders regularly as their require The Studebaker Pierce-Arrow Ex-passenger parlour car type body sed. It is supported at the centre full turns of the steering wheel are ments crease. The New Southport Corporation. The figures show Fierce-Arrow Export Corporate by two self-aligning double tall ball necessary to cramp the wheel from is announced by The Studebaker Wales Government Railway have that factory sales of Studebaker It is capable of a maximum weight bearings. All sections are tubular full right to full left position. The recently placed a repeat order for President Eight and Commander allowance of 15,070 pounds for and of sufficient diameter to with- turning radius of the chassis, with a-tonner, while the Government models in world markets increased!

stand all torque and whipping body mounted, is 33 feet. chassis, body and load. of Uganda are adding to their fleet 173 per cent, during the first six are four forward speeds, Grass airecction allows for the axle motion equipment

Chassis features of the new unit stresses. A slip joint in the rear ventilated disc wheels are optional of Albions a 500-gallon tank wagon. months of 1995 over the correspond springs in front, rear dunt wheels. The drive is practically straight charge.

slight additional

rear springs three inches wide, a lne under load. ing period of 1999.

heavier and stronger frame with

Drop Forged Axio. A survey recently made by Stude three tubular and Eve pressed steel baker reveals a similar preference cross members and 34 x 7 twelve reverso Elliot type. The rear axle The front axle is drop-forged of for the sight-cylinder car in the ply heavy duty tyres as standard is of the semi-floating typo design- United States. Registrations of six equipment. Balloon, tyres of 30 xed for heavy duty work with chrome Most motorists would say that and eight-cylinder cars in 18 lead-8.25 size for use with van malleable molybdenum shafte. The housing after 100,000 miles a car was "finish. ing cities for four months this year spoke wheels are optional at 20 of malleable iron is exceptionally ed that it bad served its lifa were compiled and compared with additional cost.

sentence and was it only for, the registrations during the 33.036

Engica Design.

The service brake is of the scrap heap. months in 1923. It was found that

The engine of straight eight de mechanical internal expanding, self- Yet news comes from Coventry. registrations of eight-cylinder cars sign of the L-head type, with a four energizing four-wheel type with that a privately-owned Humber car bad increased 82 per cent., while

Oversized drums 17 by inches. there has now completed no less loss of 8 per cent. six-cylinder registrations showed a point suspension mounting, hae a

piston displacement of 335 cubic The Westinghouse vacuum booster than 300,000 miles. It is still going inches, a coupression ratio of 3.15 reduces pedal pressure two-thirds. I strong, and, even after a quarter to 1 and a maximum torque output There is a total braking area of 535 of a century's running, is capable at 2,000 p.m. A mechanicallysquare inches which, with the brak. of 40 miles per hour! driven fuel pump feeds the caring power on the rear wheels, prac This is surely a record of longe buretor from a 24 Imperial gallon tically eliminates all possibilities of vity, and is one of which both capacity petrol tank mounted under skidding. The hand brake is on owner and manufacturers may well the frame at the rear of the chassis. the drive shaft and employs a cir-be proud.

not looking where she was going, but the boy driving the cart had turned round to prevent some loaves falling out of it. Both were therefore at fault, In fact, three judges awarded dam ages, to the plaintiff, but the two against her were the majority in the Court of Appeal, so she lost her case.

Anticipated Increase.

The rule in Admiralty, practice, that is, in collisions at sea, is dif ferent. tors of both vessels were to blame, Originally, if the naviga-

A still larger increase in overseas each ship bore half the total dam eight-cylinder business is antic age, but, since the Maritime Con-pated during the last hall of 1999, ventions Act of 1911, the Court can according to Arvid L. Frank, sales apportion the damage in the degree manager of The Studebaker Pierce that they assets the blame. Thus

if they and A was twice as much

to blame as B. A page two-thirds of the total damage and B one-third.

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 More complicated and very com.otherwise have happened. The way mon is the creo-recently the sub-it is put is this: that although ject of an important decision-in may have been guilty of acgligence, which both drivere for driver and and although that negligence may This rule has in fact beea applied pedestrian, as the case may be) are in fact have contributed to the neto all collisions by the statute law at fault. In actions where this incident, yet if B could in the result in some countries, but not here. It alleged the defendant raises the legal plea of contributory aegli gence, and lawyers can turn up scores of such cases in their books,

The effect of the recent and former decisions is that a plaintiff, originally at fault, may yet recover damages if the defendant by rea- sonable care could have averted the accident. This may at first sight be considered A common-sense view the application, however, in not always easy.

by the exercise of ordinary care and diligence have avoided the mis- chief, A's negligence will not excusa him.

This doctrine, it may be added, gives judges a/dificult task, and a few years ago several of them in Ireland were very sharply divided

is arbitrary, but it does not involve comparing the conduct of two per sois 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 sub.

in opinion as to a case in which a stantial saving of lawyere bills. It woman stepped int the road in is only practicable, however, when Cork, and was knocked down by a ja company has to deal with so baker's cart.:

many collisions that results

(Continued on next Column.)

out.

Cren

strong.

Safety, Rugged Strength and Beauty " are the outstanding qualities that have brought about the universal demand forGoodyear Tyres. More People Ride on Goodyear Tyres Than on Any Other Make.

ew!

EW-commandingly and beautifully new-

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I

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THE

MORRIS

SIX

Eighteen H.P. (R.A.C.) "engine. Overhead valves with post-roof, anti-knock head. Three-speed gear. Lockheed hydraulic four-thee! "brakes. Light, no-kick steering. Choice of three delightfully tasteful cellulose colour schemes. Gen- uine Triplex glass windscreen. Individually adjustable seats. Body-los-hung, yet with am- ple clearance. Unitied one-piece creakless body and chassis con- struction. Över twenty miles to the gallon. Every desirable

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All-on-high performance from six to over sixty. Speed, com- fort, verve and vigour in appearance and performance

HONGKONG DELIVERED PRICE

alike.

7.

£378. Os. Od.

SALOON

Time payments if desired.

GOOD YEAR

DISTRIBUTORS

ALEX. ROSS & CO. (China), Ltd.

Prince's Building, 2nd Floor.

Telephone: C. 27...

HONG KONG,

Kowloon, Bervice Station. Telephone K. 1486.

HONGKONG HOTEL GARAGE

25, Queen's Road Central,

Tel. No. C. 4759.

(THE HONGKONG & SHANGHAI HOTELS, LTD.)

PRODUCT OF MORRIS. MOTORS (1926) LTD.

CHAIRMAN: SIR WILLIAM R. MORRIS, BT.