1936-07-15 — Page 6

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HONG KONG DAILY PRESS, WEDNESDAY, JULY 15, 1936.

FATAL MOTOR

ACCIDENT RECALLED

DRIVER TO PAY WIDOW

Negligence Alleged

"

The hearing was resumed yes terday afternoon at the Summary Court of the claim of Soo Fung shi, plaintiff, for damages against Sanitary Inspector M. D. Watson. incurred through the death of the plaintiff's husband, Soo Kau, who was knocked down and fatally in- jured by the defendant's car in the corner of Poplar and Nathan Roada on November 19, 1935.

The case was heart before Mr. Justice J. J. Hayden, with Mr. Peter E Sin appearing for the plaintiff, and Mr. W. A. Mckinley for the defendant.

Mr. MacKinley admitted that the defendant drove the car on the day of the accident. It was an inevitable accident, and it was not dtie to negligence nor excessive speed in driving.

A CHILD

Mr. Watson, in the witness box, said that on November 19 at about 2 pm. he left his house in Prince Edward Road. At the level with the electric light stand on Nathan Road side of Poplar Road,... a brown touring car came in front of him, and a small boy was stand- ing in the middle of the road, Thinking that the child would re- main there, he swerved slightly to the left, and took his "foot off

JUDGMENT AGAINST BANK'S CLERK

BANK NOT LIABLE

Judgment was delivered yester- day by the Acting Pulane Judge, Mr. Justice J. J. Hayden in the

Fung case wherein

Hoi, Kul sought to recover from the Na- tional City Bank of New York and Lai Bin Chow, formerly clerk employed by the Bank, $1,700 which he alleged was the balance 01: two gums deposited by the plaintia in 1927.

8

Mr. M. C. McCallum appeared for plaintiff and Mr. J. T. Prior for the Bank,

Reviewing the evidence in his Judgment, Mr. Justice Hayden said that plaintiff had stated he

WILS

85 years of age. but had emigrated to Canada, where for 20 years he carried on business as a laundryman and accumulated certain money which he remitted Hong Kong. Returning to Hong Kong in 1927, he withdrew his money and deposited it with the National City Bank on fixed deposit,

to

AROUND THE COURTS

«CONFISCATION ORDER Application for the confiscation of 400 pounds of salt, uneİSİMUN and unmanifested found lying on board the as Kwong Tung, was made before Mr. Burgem at the Central Court yesterday. The or der was granted.

IS A 66 was the applicant.

c.

·

SOUNDED WARNING

Fung HL 27, unemployed, was charged before Mr. Burgess at the Central Court yesterday with ob- structing P.C.A.98, Michle, in the | execution of his duty, by warning bawkers of the constable's ap- proach in Hillier Street.

Defendant was fined, 325 or three weeks.

|

LOITERER

Chung Cheung, 27, was remand- ed for 48 hours when he appeared before Mr. Burgess at the Central Court yesterday charged with lot- tering in Robinson Road.

Defendant was seen by Ll .Ping

and Mrs. Salter, looking into the window of No. 127, Mrs. Salter's

Sergeant Sullivan stated that the defendant had a very bad record and a remand was asked in order to prefer further charges.

Later he became acquainted | residence: with Lat who suggested that the money be withdrawn from" fixed deposit and lodged in the savings Bank. This was done and for a few years plaintiff drew annual interest as well as withdrawing some of the principal.

On December 31, 1935, plaintif said he went to the bank intend- ing to withdraw all his money but was told by Lal that there was none to his credit. He thereupon the accelerator. In the act of do-consulted solicitors. ing so, the child moved towards his car it an angle, and to avoid him, he, the defendant, braked the car and skidded.

NU AUTHORITY

The Bank's defence was that Lai had no authority to receive money.

He could not straighten out the car, nor was there room to steer Mr. Justice Hayden found that back. He hit something on the Lat had misappropriated the road, which he later discovered original sums lodged by the plain- to be a man-hole. He saw two

tim and had bald the interest men standing under the verandah, and withdrawals from his own

1

CAUGHT IN THE ACT AI a result of an sttempted | larceny while travelling together on the same tramcår, 'Leung Shing. 27, was charged before Mr. W. Schoßeld at the Central Court yes- terday. The complainant Was Wong Shui, a car cleaner, living at No. 494, Queen's Road West,

Det.-Gergt. Riddell stated that the tramcar was travelling west and when near Hill Street the com- plainant caught the defendant in the act of trying to steal from

him

Defendant had three previous convictions. He was sentenced to 6 months and two years' Police

MONEY STOLEN

but he could not avoid hitting the | money so that plaintiff should not supervision, verandah. He hit ong man with | discover the fraud. the off mud-guard, while the other man stepped backwards, 'and was struck by the radiator with "full force. The latter was only injured with a slight fracture of the leg.

He said that there was no special precaution to take at that part of the road,

BILL PRESENTED

"There is no evidence," he said, "that the Bank held out Lai as being invested with authority to receive money and I am satisfied that any clerk which a bank puts behind its counter is not clothed with ostensible authority to re- ceive money on behalf of the bank. Were it otherwise it would it would require little ingenuity put a premium on dishonesty and i Mr. Allen of the Fox Company.

for a dishonest clerk and an un- scrupulous customer to conspire together to defraud the barik."

Fung Yin Lan, charged with the larceny of $418, and Fung Yan, a female, charged with aiding and abetting were remanded for 48 hours when they appeared before Mr. W. Schofield at the Central Court yesterday.

a evidence had to be accepted. He found that Lal had received plaintiff's money and had applied it to his own use."

The plaintiff came to the office and brought a Chinese bill with her amounting to $54 or $64 for funeral expenses owed to an un- dertaker in Portland Street, and asked him to pay the bill. She re- Mr. Justice Hayden said that as In giving judgment against Lan, turried on the following day, and he had apparently, absconded and defendant asked her to algn a did not defend the case, plain- statement that he was in sympathy and not responsible for the death of her husband, whereupon he would pay the expenses. She said that alle would return, and subse- quently came in with a fresh, offer of at least half in cash of the funeral expenses and to make ar- rangements for the payment of the other half. She asked for hawker's licence, and defendant promised to do what he could for her. She later procured the 11- cence with his financial aid, but: wanted some money to purchase some commodity to sell. The de- fendant, however, refused to go be yond, the original offer.

Mr. Sin said that the licence was only a white elephant to the un- fortunate woman, as she had no wherewithal with which to, pur- chase any commodity.

Mr. Justice Hayden ordered that the Bank was entitled to deduct their taxed costs of both actions from the money in the Bank's hands belonging to Lal in respect of his provident fund before being called on to account for it.

A

prima facie evidence. while some people would go so far as to say that it was conclusive evidence. It was a mischance that there hap- pened to be a man hole there, and but for the initial skid he would have missed the man hole. There was no evidence of negligence nor the excessiveness of speed in driv-

Mr. Bin asked the defendant ring.

it was not true that there was a Mr. Sin pointed out that a car school in the vicinity, and Mr. Watson said that there was no school there at the time of the accident.

mounting the curb was negligence, The fact that the defendant was smoking a cigarette, and that the cigarette was still between his lips after the accident showed that he

When Mr. Sin asked defendant If he had been drinking during was driving light heartedly, and tin on that day, Mr. MacKinley at random. Instead of taking his ablected on the ground that it was foot of the accelerator when he without instruction, and therefore saw the boy be should have ap irrelevant.

piled his brakes tamediately to avoid hitting the child, or the curb.

Deténdant said that everyone ac- celerated to 35 miles per hour at the point of the road, as no street led into it until Castle Peak Road was reached.

EXCESSIVE SPRED USED.

In his judgment, Mr. Justice J. The skid, he said, was due to jay walking in the Colony, and J. Hayden, deplored the amount of the braking of the car on loose that it was the duty of every car gravel, which was always more driver to be cautious of all pedes dangerous than a hard rough sur-trians. He thought that the way. face. The defendant admitted in which the accident happened that he was smoking at that time, and still had a cigarette in his mouth when he got out of the

car.

A. ACCUSTOMED TO ROUTE B

Mr. Hayden asked the defendant if he know the road well, and the reply was he drove on it con- tinuously. He knew of the repair on the road, but man holes were very rare.4

showed that there had been ex- cessive speed used by the defen- dant. Considering the fact that the defendant knew that the road was in the state of repairs, he should have driven with more care and have proper control of the car. The defendant was not entitled to think that he had a clear road to. 80 on any peed he desired, and he must set aside that the fatal injuries or the deceased was af tributed to negligefick That Juncture Judgment was given in favour of the road was not a chatrolled of the plaintin $600.00 and

Mr. Mackinley submitted this the case was a' question of facts, pare and simple.

area, and it could be taken

The money was the property of

•

FINGER BITTEN

Li Ting, 22, a foki; was charged at the Central Court yesterday with assaulting Pak Ho, an amsh at the Government Civil Hospital, by biting her finger at Belcher Street

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WATCHES STOLEN

Then af two valuable Wrist watches from the residence of Mr. E. Baker, No. 95 Waterloo Road, VAS related at the Kowloon Magistracy yesterday when Yam Huen. 2, appeared before Mr. E.

Himsworth

The thefts were alleged to have occurred between March 1 and July 9, while Huen was employed as a houseboy.

A further charge of larceny of 86.50 on July 9 was also instigated against the accused. Sentence of three weeks on each charge was imposed. The

watches, which were exhibited incourt, were Mr. ordered to be returned Baker.

to

USED STAMPS Charged with fixing or placing a used ten-cent stamp on a rent receipt on August 8, last year and April 7 this year, Pin Yuen Fong was charged before Mr. W. Scho- field at the Central Court Fester. day and was remanded for 48 hours,

Defendant pleaded not guilty and said that the stamps were

good.

SNATCHER SENTENCED

BANKRUPTCY COURT ORDER

APPLICANT TO PAY COSTS

A Bankruptcy Court application was dismissed by the Chief Justice, Sir Atholl MacGregor at the Su- preme Court yesterday because of a the non-appearance of the appli- cant.

The action

was one in which Hing Hin-kwing applied for an order that the decision of the Official Receiver rejecting proof. of debt of Hing Hin-kwing, claim- ing to be a creditor in the sum of - $13,406.87 of the Ying Cheong Wo Ki Khe fim, be reversed or varied and that the Ometal Receiver be directed to admit the proof and that the costs of the application be paid by the Official Receiver.

The Official Receiver (Mr. J. B. Prentis) told his Honour that he had been notified by Mr. M. À da Siva who had previously appear- ed for the applicant, that no fur- ther instructions had been re- ceived by him and consequently

Lut Fook, 30, unemployed who he had nothing more to do with

the case. W-Schofield at the Central Courting witnesses from the country was charged on Monday before Mr.

An order for $30 costs for bring- with snatching a handbag from was made by Hs Honour on the Leung Kau-ha, a married woman application residing at No. 176, Jaffe Road, ap- peared before Mr. Schofield again yesterday and was sentenced "to to six months and 15 strokes of the birch.

•

ALLEGED ROBBER DISCHARGED

Yu Wan To, 22 unemployed, was discharged at the Kowloon Ma-

Defendant was the complainant's gistracy yesterday where he ap- brother-in-law and the row start- Feared on remand before Mr. Ma- ed over some money. Complain-fadyen on a charge of robbery aat tried to take the defendant with four others not in custody" to the station and on the way tho

of money totalling nearly $150 and defendant bit her in the Anger.

Jewellery from three women- re- Defendant was fined 310, bound siding at No: 178 Lai Chi Kok Road. over in $50 and ordered to pay Detective Sergeant G. H. Goodwin, $1 amends to the complainant.

appeared for the prosecution. The

ceiver.

of the Oficial

Re-

robbery was alleged to have taken place on January 9... The prosecu- tion intimated that they had no evidence to offer.

OPIUM CONFISCATED R. O. Grimmitt made an applica- tion before Mr. Burgess at the Central Court yesterday for the confiscation of 88 taels of raw opium and 10 taels of prepared oplum which were koncealed in a basket of fans on July 4 There were no claimants,

The application was granted.

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