1938-07-06 — Page 2

PAGE 2-HONG KONG DAILY PRESS

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COURTS

WEDNESDAY, JULY 6, 1938.

HONG KONG TRAMWAYS SUED FOR TEN THOUSAND DOLLARS DAMAGES

VISITING CARDS;

a

NEGLIGENCE ALLEGED AGAINST MOTORMAN BY KOWLOON SCHOOL-GIRL

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The EASTERN ELECTRICAL COMPANY.

Miss Patricia Pascoe Gives

Evidence: Judge And Counsel To Visit Scene

A suit for,, $10,000 damages for alleged negligence, in which the Hong Kong Tramways, Limited, 11e oldest transport company in the Colony, are the defendants, and a 14-year old schoolgirl, through her father. is the plaintiff, was begun before the Acting Chief Justice. Mr. Justice R. E. Lindsell, at the Supreme Court yesterday..

occasionally, and the last time she had it was a week ago.

Since the accident, she had given two dancing exhibitions, one in March and the other in April or

Cholera Cases Increasing

May. She could move her arms all FOURTEEN CASES

right, without any pain at all. The swelling on her, shoulder was not present before the accident, since which ber shoulders had not been

even

IN ONE DAY

Monday when 14 cases, the high- Cholera cases took a jump on

rst daily total this year, were in all for the four previous days. notified, aɣálnst, a tetal of 17 cases

Eight of the 14 cases on Monday were from Victorin and six from Kowloon.

In reply to Mr. Potter," Miss Pascoe admitted that on March 10 last she gave a dancing display at the King's Theatre, on March 31 0 Russian gypsy dance at the Y.M.C.A. and on April 19, a display The disease last week claimed. 14 at the YMCA, hockey dance atuves out of total of 27 cases shown Peninsula Hotel. "All these rein the official returns. quired a good deal of practice.

יון

Mr. Potter: Did you feel dizzy while you were doing these. three dances? No.

PLAYED HOCKEY

I think you are also a keen

Plaintiff is Miss Patricia Pascoe, a student at the Central British School... who is making the ciaini as damages sustained and for cou-hockey player?--Yes, I played for sequences suffered through an accident on 'a tramear on November 28 last, this accident being caused, her counsel alleged, through the negligence of one of the tramway company's motermen,

Dysentery cases were also high

other diseases were three cases of 10 being reported, on Monday

enteric fever, and one case each of measles and small-pox.

WEEKLY RETURNS" The returns for the past week, the Central British School

exclusive of cholers, show 30 cases You began playing after Christ-of dysentery. 5 deaths: 25 cases, mas until the end of the hockey of enteric fever, 18 deaths; eight season?—Yes, When the case was adjourned in shown that there had been un un-

cases of measles, 5 deaths; 7 cases Shown. 0 the afternoon it was announced usual and violent stopping. The which bore a photo of Miss Pascoe, death; 3 cases of diphtheria. 2 newspaper cutting of cerebro-spinal meningitis, 1 that Judge and Counsel would trams had gates and they should His Lordship commented: I see she deaths; 1 case of small-pox and 97 visit the scene of the accident this be closed

|played as goalkeeper, which is deaths of tuberculosis. morning.

Deacons.

RAISED IN PARLIAMENT

Mr. Potter: That point was

perhaps different from that of centre halt or centre forward. ".

box.

EASTERN HEALTH

Mr. Potter: Playing at goal. I The Health Bulletin of Eastern

reveals the following diseases:—

Plague: Bassein 1. Cholera-Allahabad 2, Cawnpore; Counsel then read part of the

2. Bassein 2, Calcutta. 34, Madras newspaper report which said that Miss Pascoe was called upon to de- Delhi 4, Harol 16, Macao. 33,

Hong Kong 9. Shankhal 319. fend her charge on many occasions

Small-Pox:--Bombay 12, Cal- aid this she did in a worthy man-cutta 20, Madras 39. Delhi 3, Hong

|Kong 1, Shanghal 1. Kobe 1. In answer to another question,

Typhus:-Shanghai 45.

JI

Mr. H. Somerset Fitzroy, - |structed by Mr. Peter H. Sin, ap-

peared for plaintiff, and defonaised in Parliament three years dants

were represented by Mr.go and the Ministry of Transport think, la sometimes strenuous; be- Ports for the week ending June 25

aides, she might have played in Eldon Potter, K.C., on the instruc- turned it down. tions of Mr. C. E. CMarton of Mr. Fritzroy: I have seen the other positions as well.

gates myself, and if they don't be- Opening his case, Mr. Fitzroy lleve my statement I am prepared said plainti

and her parents to substantiate it in the witness were travelling on a tramcar on

Mr. Potter: There is a gate by November 28, proceeding from

the motorman but not in the third ner. Victoria to Causeway Bay. They were the only passengers in the

class apartmant.

first class apartment and as the car was approaching the stop, at Lee Gardens, they left their seats. preparatory to going down the stairs to alight. Mrs. Pascoe was! in front, Mr. Pascoe was in the when he saw Miss Pascoe the con- middle, and Miss Pascoe brought dition of her brain was that of a have brakes which are used in case up the rear.

patient recovering from concus. of emergency? Yes. slon. She was somewhat dazed, Do you know that by standing rale and shaky in her movements, up in a car before it stops you run

CLOT OF BLOOD

GERRARD E:74.

FRIC GRAY.

PHOKE CENTRAL 1988.

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Mr Dennis E. Spalding.

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THE HONGKONG DAILY PRESS

Marina House, 3rd Floor; 15-19, Queen's Road Central.

"

SUDDEN STOC

was mid-way.

Mr. Fitzroy: I don't know about Miss Pascoe sald she often travel- the third-class. I haven't been led by bus to school, to which there.

Counsel commented: You must not The first witness called was Dalways turn down the Tramway E. W. Kurk, who testified this Company, you know. (Laughter),

You know that bus and tramcar

Was not

the risk of being thrown out?

Yes.

TRAFFIC CASES AT CENTRAL COURT

Summons Dismissed

Ko Tal-shan, of Messrs. Wallace Was there the slightest necessity" Harper & Co., appeared before Mr. Butters at the Central Court yes-

Was

Before Miss Pascoe actually put her feet on the stairs, the car

The condition of her shoulder DOES NOT STUP VERY LONG” came to a sudden stop, throwing was one what ¿ectors described as all of them violently to the bottom.having a large haematoma-a clot Mrs. Pascoe was then two steps of blood under the ski-in the to stand up, sitting where you were from the bottom and Mr. Pascoe region of the shoulder blade. It Just at the top of the stairs?-The terday on a summons for sound- as swollen and the movements of tram does not stop very long, and ing his motor car horn unneces- Both Mr. and Mrs. Pascoe sus- he shoulder were somewhat re- I had waited for it to stop be- sarily in Pedder Street on June 18. tained slight injuries, but Miss stricted. The swelling

fore going down it would have gone) Mr. D. McCallum appeared for Pascoe was knocked unconscious.

not she was picked up by her father glon of the shoulder blade. It was to

large but it extended over the re-on before I could reach the bot- the defence and pleaded

guilty. and brought back to their house as though a mangoe had been läld His Lordship: My own recobeo- Acting Traffic Inspector B G. which was in East Point Terrace, on the shoulder blade and squashion is that trims hardly stop, Baker stated that about 11.15 a.m. about 50 yards from the stop.

ed. The cause of that might be a

Mr. Potter: There are comput-on the day in question he The next morning. Dr. Kirk was low or a fall.

sory stops.

standing by the Post Office when called and he would say that Miss

His Lordship: I say hardly stop, he saw a car Subsequently an X-ray examina-

coming from the Pascoe received a haematoma at tion was taken of the shoulder but I didn't say they don't.

direction of the water front. top- the back of the right shoulder and it showed no bone injuries. Miss Turning to Miss, Fascoe, Counselį ped. by the red light, suffering from concussion. Dr. Pascoe steadily improved both asked: You began to go down the Defendant. driver of another Kirk $aw her three ΟΙ four mentally and physically, after he stairs when the car was about 100 micto: car. which was just behind. times, and during that period had seen

her about three times. yards from the stopping place?-sounded his horn three times he ordered that she must be kept He saw her only the day before think so.

which, he said, was unnecessary. and there was a difference in the I put it to you there was not the Defendant stated that he was in two shoulders, the right one being slightest necessity for you to get a hurry to de iver the car to a somewhat fuller in the muscle over down when you were 100 yards customer.

away from any mental worries.

DIZZY SPELLS

Eventually. Miss Pascoe

+

..

got the shoulder blade. It was possi-from the stopping place?-But In the witness box defendant better but even at the present ale that that was caused by the there were three of us to get down said he sounded his horn because moment she suffered from dizzy accident, mentioned. "

the stairs.

the car in front showed no signs spells and the effects of concus~ Mr. Plizroy: She still complains

Would there be any necessity if for moving when the signal had sion. Another consequence of the of dizziness, would that in your you were by yourself?—No.

changed to green..

#

Stanley, was fined $10 for causing an obstruction by parking her car in Queeris Road Cential on June

accident was that one of her opinion be due to the fall?— Mr. Boris Fascoe, father of plati.... The summons was dismissed. shoulders had become slightly Dizziness is the natural result or tiff. on whose behalf he brought The Management of Messrs. lower than the other.

concussion and after a severe con- the action, said they started to Wallace Harper & Co was ned Five days after the accident. cussion dizziness would occur for leave their seats about 30 yards 2 for falling to notify the au- continued Counsel, plaintiff's so-mazy months.

from the stop. According to his thorities of the change, of owner- Bieltor wrote a letter to defendants Cross-examined by Mr. Potter, own observation it was the com- ship of a car. asking for compensation, and re-witness agreed that concussion in mon practice of passengers to leave

Mrs. B. K. Trevor, of South Cir. ceived a reply denying negligence some degree or other was almost their seats before the car stopped, on the part of the motorman.

in order to reach the landing in the normal consequence of a fail. Defendants further contended

time to alight. COMPLAINED OF DIZZINESS that following investigations it

A DEAD STOP had been ascertained, that the "Mr. Potter: Would you say that

He was about half way down the motorman had applied the emer- the young lady had been cured of stairs when the car suddenly came gency brakes because a third-class the effects of the concussion?--I passenger had attempted to alight should say not, because there is to a dead stop, and the next thing ne knew was that he was on the from the car whilst it was in dizziness still.

Ji bottom of the stairs and Mrs. Pascre motion.

Did she complain of that to you, banging against the motorman. or did you hear it from Counsel just now?-I saw her two days ago

OBLIGED TO RING BELL

Fs daughter was slightly behind

conscious. He asked the motorman

18.

PEAK MURDER HEARING

AT SESSIONS

The Challinor case, in which a

The passenger was clinging to and she complained to me of him all crumbled up. She was un- the car and the conductor was ob-dizziness. I examined her nervous liged to ring the bell for the system, ete, and I must say I found for the reason of the sudden stop, cook-boy, Lam Chun, 30, is charg- motormat to stop, which he did. her in good shape.

and the latter said he heard a belled with the murder of Mrs. Sybl

Ruby Challinor, wife of Mr. R. H. This action, defendants also, con-

This swelling of the muscle over for something.

to him,

the emergency brakes, the defen-

dants reiterated their previous contention and added that plain-

PLAINTIFF ́TESTIFIES

tended, was beyond the control of the right shoulder, do you know Continuing, witness said he was Challinor, of Imperial Chemical the motorman and the accident that since your treatment Miss prepared to swear there was no Industries, Ltd. has been post- could not, therefore, be attributed Pascoe has given three public per lump or disfigurement on the Body Doned to July 11.

Lam was originally scheduled to formances at dancing? No. I test-of his daughter, whose physical The writ for the action was sub-ed the movements of the shoulder condition he and his wife had al- be tried before the Acting Chief sequently filed, and in reply to the and they were quite normal.

ways been proud.

Justice, Mr., Justice R. E. Lindsell, statement of claim alleging neg-

Mr. Potter: You have told us at a spécial Criminal Sessions, on Would you be surprised to hear ligence and improper applying of of her dancing?--No.

you heard a bell and then the car July 7 at 10 am. stopped. Was there any jerk? Mr. J. Whyatt, Crown Counsel Yes, a terrific ferk; as far as I will prosecute, while accused, will Giving evidence, Miss Pascde, know the emergency brakes had be defended by Mr. H. C. Mac- namara; on the instructions of Mr. tiff herself was guilty of contribu- who gave her age as 14, said she been applied. tory.negligence by leaving her seat was sitting on a seat at the top

M. A da Siva.

before the car had stopped.

of the stairs. When the car was

After the car had pulled up, the "Referring to the legal aspect of approaching the stop, she gut, up car was not at its usual stopping the case, Mr. Fitzroy quoted au- but she could not remember any place? No. thorities in support of his conten-thing after that until she regain- Do you agree that the car was tion that every person in charge led consciousness at home. 监 i jabout 80 yards away from its usual of a conveyance was bound to use She had a queer feeling at the stopping place?-About 50 yards. I the utmost skill and care and lf back of the shoulder, and her head should think. there were any misjudgment on his seemed to go round. It was all

It was some little time after the part he was bound to answer for right when she lay down, but when accident before you saw the con- the consequences.

she stood up she felt as if she was ductor-Yes,

A prima facie case of negligence going to fall down. She did, noti was established if it could be have these dizzy spells often but:

"HABOUT 50 YARDS":

(Continued on Page 7)

FORGED NOTES.

'COMMITTAL

Appearing on remand on four charges of possession of forged banknotes and uttering same Cheung Kl-cheung was committed to stand trial at the Criminal Session by Mr. Butters at the Cen- tral Court yesterday,