1938-08-17 — Page 3

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JUDGMENT FOR JUDGE REPROVES

PLAINTIFF

CLAIM AGAINST BEAUX ARTS

CASE MADE OUT

The claim brought by Mr. Antonio da Motta, merchant, of No. 170 Robinson Road, against A. A. Rumjahn, trading, as Beaux Arts.

Messrs. ari Beaux Arts. Interior, and Ex- terior Decorators, for $1,000 for breach of contract. was concluded before the Acting Puisne Judge. Mr. Justice E. H. Williams, In the Summary Court yesterday, when judɛ- ment was entered for plaintiff. A counter-claim brought by ce. fendants, who alleged that they were prevented from carrying out contract by and completing the plaintiff, and claimed $1,000 - from his as balance due in respect of the contract, was dismissed.

་

A JURY

"It Does Not Know Its Duty"

Mr. Justice Goddard töld a special jury at the West Rid- ing Assizes at Leeds recently that "it did not know its duty."

The jury had sent a note to the judge stating that it found for a plaintift, and proposed to award him one farthing damages.

"Mr. Justice Goddard saja. “It is a lamentable thing that a special Jury should return such a verdict. It only shows that it does not know its duty. I am proposing to tell the members that they cannot return such a verdict, and that, if they find for the plaintif ther (muse award him proper gamages.”

"MUST NOT COMPROMISE" The jury was then recalled into Mr C. D'Almada, of Messrs. L. court, and Mr. Justice Goddard D'Almada and Company, repre-said: "You cannot return such a sented plaintiff, while Mr. C. A. verdict in a civil case like this: If Sutherton Russ defended.

|you find that the plaintiff's injuries were caused by the negligence of the defendants you must give him proper compensation.

Plaintiff's case, which began on contract July 7, was that by a dated April 8, 1938, defendants agreed to decorate his premises at "You must not compromise. Go, No. 64 Gloucester Road, ground back and tell me again whether YOUR LIPS for romance floor, in accordance with specifica- you find for the plaintiff, and, if so,

tions, particulars and flans, for what the proper damages are." For your complete beauty treat-the sum of $2,000. The work was The jury retired again, and later ment, use Tattoo Powder, Rouge to have been completed within 30ssessed the damages at £380, and Mascara (cream with, brush days from April 11, and, such work, with £83 agreed special damages

Sole Distributor:

not having been completed, plain-for the plaintiff's father. AUW PIT SENG'S "TRADING tiff claimed $1,000 for breach of

the contract.. and costs CO., LTD.

for the action,

Hona Kong.

"NIKS

A. Gutzanised Cire For Hong Kong Fed

The Mabel Chamiocevical 1.aboratorė Š

TRAM TICKET TRANSFERRED

Li Iu-bun, a student was nned

10 by Mr. Butters at the Central

THE JUDGMENT Following the completion of evi- dence yesterday, and submissions by the respective solicitors, his Lordship gave judgment as follows:

"I and that pialistff has made cut his case. I am satisfied from his evidence that he impressed of defendant that the contract was to be done within the time stated. Otherwise there was no object in him having inserted the words to be finished by May 11 in the con- tract. I am satisfied there may have been some sort of delay of one or two days, but no such de- ay that need have meant com- plete stoppage of work.

"I can't understand the conduct

The plaintia was Walter Shaw, 16. who sued through his father, Isaac Shaw, of Rowell-street, Cas- tleford, and the defendants were the West Riding Automobile Co Ltd. Shaw, while cycling, was '

collision with a 'bus owned by

defendants.

EX-BUSMAN WITH

6 RACEHORSES

£100 Penalties On Lottery Charge

A former bus conductor, stated to possess six racehorses and a

of defendant in not replying to the chauffeur-driven tag, appeared re- letters written him.

JU

"Therefore I and for plaintiff

$1,000 and

costs. On the

cently at West London police- court.

GENERAL

CHARACTERS ON LAMP BULBS

Alleged Infringement Of Trade Mark

Kong Kam. of No. 33, GB- man Street, appeared on re mand before Mr. Edwards, at the Central Court yesterday on a summons for possession, for the purpäse of trade. electric lamp bulbs to which a trade description, infringing that of another firm. vas ap- plied.

meant that the goods were manu factured in Germany.

NAME OF FIRM The defence claimed that the characters "Tak Sheung" derated the name of the firm, and not the meaning as

the prescribed by

prosecution,

Chan Kwai-kong. a printer, was called to give expert evidence by

The China United Lamp Com- the defence. He said he did not pany, represented by Mr. Wolf- think the characters Indicated gang Latrille, manager, were com- that the goods were German-måde plainants on whose behalf Mr. O. ar imparted from Germany. "Tak E C. Martor appeared.

Sheung" meant the name of the "Mr. Hin-shing Lo for the de- firm and nothing else, he said..

The hearing was then" adjourn- fence pleaded not guilty.

ed till Friday.

The prosecution alleged that there were Chinese characters. *.

"German

"Tak Sheung" which could have SAILOR FALLS ON labels TOP OF ANOTHER

been. interpreted as merchant," and on the there were also the words Tak Sheung Yeung

Hong." which

PASSENGERS BY CHANGTE

JI

passengers

de-

The following parted per 4. Changte yesterday for Australia viä ports:---

Mr. and Mrs. Alsemberg Alsemberg. Mr. Alsemberg

Miss

Two Indian seamen of the P. & O. freighter Bhutan were injured in Shanghai last week when one of them fell from the ship's mast on top of his comrade. who was standing on the deck below.

WEDNESDAY, AUGUST 17, 1938-PAGE 3

Unrivalled vige and Quality

in

BLACK & "WHITE"

YOUR FIRST SIP TELLS YOU IT'S THE SCOTCH.

Honzkew Whart WORKMAN KILLED, the New Wing On Department

IN LIFT WELL'

•

Store.

At the time of the disaster be was in the lft well greasing the steel runners when the lift des-

The accident occurred at the Shanghal and Company's Pootung Wharf, where the vessel was berthed.

Rivet police were notified and Jnr rushed the injured men to the Gen- Mr. Amado Aquiler. Dr. and Mrs. eral Hospital. One of the sailors H. G. Anderson Major CJ was found suffering from severe pläyee of the Otis Elevator Coming the workman's presence, falled

wbs fatally Attleld, Mrs Balfour, Miss Baskett. bruises, while it was feared that pany,

injured in to stop the carriage before it Mr. G J. Brawn, Mr. and Mrs. F. the other had his spine fractured. Shanghai last week by a lift at struck the victim. Byland, Mr. O. M. Crawford. Mr.

O. Gilpin, Mr. A. Hust, Mrs. N, V. Lansdown, Mr. J. E. Middenway Mr. and Mrs. Ne... Miss Gordon Smith. Mr. H. E. Sparrow. Mr. C.Į N. Taylor, Rev. P. Walsh. Mr. Q.j A Wurm.

TRANSPORT OF

REFUGEES ON"

THE YANGTSE

(By Air Mall from Our Chungking Correspondent)

According to Mr. Lu T80-foo Vice-Minister of Communications. the Central authorities at Hankow and Chungking have made adequate arrangements to trans- port the millions of refugees' up the Yangtse from ports lower down the river.

Mr. Lu, who is also general manager of the Ming Sung In- dustrial Company of Chungking, Hes George William King. of recently spent a week in Szechuen his tram ticket to another person counter-claim I and against the Burnthwaite-road, Fulham, who

and also paid a visit to Pehpel.

Court yesterday for transferring for

. A similar Ane was imposed on plaintif.”

Edwin Chan, who appeared joint-

ly on a summons for attempting

to use a monthly ticket bearing

another person's name.

Mr. O. E. C. Marton appeared to prosecute on behalf of the Tramway Company, at whose sug- gestion Mr. Butters warned the defendants that offences of the nature could lead to charges under another Ordinance and viewed imore seriously,

OPIUM SMUGGLER'S CONNECTIONS WITH JAPANESE

LOCAL HEALTH

RETURNS

Local health returns for the 24 hours ended midnight Monday show seven cases of cholera, four cases of enterie fever, two cases of diphtheria and one case each of dysentery and measles.

The total number of cases cholera so far notified is 322..

of

The feturns for last week show the following figures:

was fined £75 with £25 costs, for using premises in Burnthwaite- road, for the conduct of a lottery.

Summoned with him was Francis MacNamara, of Bovingdon-road Fulham, a 'bus driver, who was also said to have a chauffeur-driven" car. MacNamara, who was stated to have been 11 for six months. was fined £50 with £10 costs.

Mr. C. H. Williams prosecuting. said that for the past three years King had organised A weekly football pontoon during the winter months, and a jockey pontoon In the summer.

He disposed of nearly 10,000- tickets each week, which realised Nine years and six months') Cholera, 41 cases, 17 deaths: a profit of something like £100 a Imprisonment was the sentence diphtheria, 1 case; enteric fever. week, after payment of prize passed in Shanghai on Chiang 25 cases, 7 deaths; measles. 3 cases, money and agents' commission. Yu-tien, alleged to be the vice-1 death; cerebro-spinal meningitis, MacNamara was in charge of a chairman of the Japanese-spon- 12 cases. 5 deaths; dysentery, 30 section of the pontoon. sored Chuchow: Citizens' Associa- cases, 7 deaths; and 87 deaths of tion in Anhwel, on charges of tuberculosis, transporting opium. He was also nned $2.000,

The accused was arrested in a

Hotel

four

The

RESTRICTIONS

Mr. Williams added that there had been nothing fraudulent about this lottery, and nothing restrictions imposed by could possibly be said against the rald on a room in the Oriental the Government of Japan against honesty and integrity of the de

fendants. on July 20, when

arrivals from Hong Kong on ac- pounds of opium and an account count of small-pox have been re- It was stated on King's behalf

were seized. A Korean moved.

that the lottery was run with the named Chang Chi-feng was ar Quarantine restrictions have greatest care and fairness. This rested in the same room, while a been imposed by the Harbour was not his sole means of liveli- Japanese was found in the next Authorities at Chefoo against ar- hood, as he was a very successful Both were turned over to rivals from Hong Kong on account professional punter at Northolt the Japanese authorities.

of cholera.

Park.

book

room.

TRAFFIC CASES HEARD

AT CENTRAL COURT

Appearing before Mr. Butters at{ Defendant knocked down Mrs, R.

MEASURES AGAINST COCK FIGHTING

Sir Robert Gower. Conservative.

the Central Court yesterday on a L. H. Lee, who was travelling in a M.P. for Gillingham, and chairman: summons for driving a car in a rickshaw along Queen's Road, near of the RSPCA, has given notice dangerous manner. Ng Hok-kong Garden Road, on July 5. was fined $20.

that he proposes to introduce a bill to extend the provisions of the Pro- Mr. HI. Kwan pleaded guilty on J. Montalto, residing at No. 14 tection of Animiala Act, 1911. It will "behalf of the defendant.

Waterloo Road, was aned $5 for make it penal to: driving a car along a closed road. "Have in possession of care any

animal trained, prepared. or fo

.....

Sergeant W. Williamson said that defendant was driving a car behind his. When coming to the junction]: A fine of $10 was imposed on N. İtended for such fighting or balting of Stubbs Road and Wongnelchung L. Evans when he pleaded guilty |(as specified in the Act); or any Cap, just as he was turning a blind to the summons for falling to re-weapon, Instrument or appliance bend, defendant came up and shot | new his motor car licence.

Intended to be used for suen pur- past him. He was forced to swerve K. A. Munroe was fined $10 on pose (such animal, weapon, instru- to the extreme left and almost a similar, offence. went against the wall.

·

*

ment or appliance may be ordered

to be forfeited upon conviction,

P. Braga, who admitted, through and disposed of at the discretion Cheng Chuen, licenced car driver, a representative, having failed to of the court)." was summoned for driving without report the change of ownership of At present actual cock fighting <due care and caution, and was fined his car and to renew the car is a penal offence, but the law does $25, or in default, to serve a licence," was fined "a total “sum of not prohibit the preparation-of

month's imprisonment.

$15.

birds for such fighting.

A Chinese workman, an em- conded and the operator, forgett-

SUMMER

STILL GOING

ON

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