1941-01-08 — Page 5

Page

"HONGKONG DAILY PRESS

CLAIM FOR NEGLIGENCE COMING &

IN DELIVERY OF GOODS

Judgment With Costs For Steamship Company: Not Negligent To Phone

Judgment for the defendants with costs was given by Mr. Justice Williams in the Summary Court yesterday in claim for 5539,42 brought by the Sang Yuen firm against the Fook On Steamship Com- pany for negligence in the delivery of goods entrusted to them for carriage to Hongkong.

་

Mr. C. D'Almada appeared for the plaintiffs and Mr. D. Brittain Evans for the defendants. The case was first heard on Oct. 31, 1940.

In giving judgment, his Lordship It was not a contract for delivery said, inter alia:—-

consigneer.

to the Tung L4. After the arrival

GOING BY

CLIPPER Pan American Airways CALI

FORNIA CLIPPER (Capt. Bar- rows), bringing US. mails dated

with fifteen passengers Colony:

GENERAL

R.E. Officer On Trial

NOT GUILTY PLEA ON 22. CHARGES.

At a. Court

Martial held

at

San Francisco, Dec. 30, arrived in Scandal Point Fall yesterday, Hongkong yesterday afternoon Lieut. (Actg. Capt.) H. L. Reeves, for the R.E, pleaded Not Guilty to 22 charges relating to certain defi- From Manila: Vir. Godfrey | ciencies in fuel and oll accounts of Thomerson, executive of the Asia-the 22nd Fortress Company, Royal tic Petroleum Co, Hongkong, re-Engineers, of which he was in turning after a business trip to the charge between April 1. 1940 and Philippines; Mr. William Hewitt, Sept. 30, 1910.

FOUR GROUPS

executive of Standard-Vaccum Oil The following comprised the Co. on a business visit to the Court:-Brig. I McLeod, R.A. Coleny: Mr. Oliver F. C. Marton, President), Lieut.-Col. D. J. Me- turning after a short vacation Iajor T. W. Boyce, Capt. (Temporary Attorney-at-Law in Hongkong, re- Dougall, Lleut.-Col. S. Shaw, Mr-

the Philippines; Mr Francisco Majori A. R. Colquhoun. The This is a claim by plaintiffs, a in Hongkong anything defendants Gomez, Hongkong resident return-Judge Advocate was Mr. D. H. Macau firm dealing in the sale of jdid as regards the goods was gra-ing after a short visit to the Blake. feathers. against defendants, atultous. To maintain an action for

Philippines: Dr. Geoffrey A. C. The prosecuting officer was 2nd steamship company running be- negligence in the case of a gratul-Herklots, biologist, Hongkong Uni-Lieut. K. E. Allanson, R.A.. while tween Macau and Hongkong, for tous deposit plaintiffs, would have versity, back from a business trip 2nd Lieut. H. S. Badger, Middlesex negligence in the delivery of goods to show that the defendants had to the Philippines: Madame Vavara Regt., acted as accused "friend." entrusted to them for carriage to been guilty of breach of orders. Prokherer, wife of the Russian According to the statement read Hongkong. The amount of the gross negligence or fraud. In fact. Commercial Attache in Chung-out by the prosecuting oflicer the claim is $539.42. Delivery was in the degree of negligence proved king: Mr. H. G. McNeary, associat-charges arose from the accounts fact made to a person who falsely had to be of a very high order. ed with the American Bank Note kept by the 2nd Fortress Coy. purported to be a servant of the Solicitor for the plaintifs reply Co. New York City, returning to.

to this contention was that the the Colony after a business trip to They were divided into four Defendants rely on several de-duty of the shipowner was to de- the Philippines; Hung Yu-yung. groups: neglecting his duties and fences, the only important ones ilver the cargo to the person en Chinese lady returning to Hong-being unable to account for cer which fall to be considered now, titled to it and if he delivered to kong; Lai Tim, Chinese merchant tain deficiencies; being privy as some were abandoned at the a person not entitled to it he was on a business trip to the Colony. making false statements recording hearing, are:-(1) the contract was responsible for the value.

accompanied by his

8-year-old the issue of fuel supplies; alter- for carriage for reward from In reply to a question I put, solt son, Pablo Lai; 'Ng Eng-kian, Chi-natively, allowing records of the Macau to Hongkong and that uponijcitor for the plaintiffs was not nese merchant. on business to issues to be made without satisfy- the arrival of the cargo in Hong-quite prepared to go so far as to Hongkong: Senor J. Amado Arane-ing himself that they were correct; kong the contract had been fully contend there was an absolute duty ta. well-known Manila business persuading or inducing Lieut.C. performed, (2) the defendants are to deliver. He admitted the ship-executive, travelling to Hongkong Otwoy. RE. to sign certain forms protected by a clause in the con- owner might escape.. if no negli in the interests, of his company. purporting to show that certain tract which requires notice of any gence was proved against him.

From Honolulu: Mr. Harry supplies' had been issued well claim for loss to be made to de-

Keller, Swiss Corisul at Hongkong; knowing that these were only es- NOTICE TO DEFENDANTS fendants within 3 days of ship- As his second defence, sollettor Mr. Albert J. Avramow, Hongkong timates of the quantities that may ment and no claim was made for the defendants submitted that businessman, returning from a trip have been issued. within that period and "(3) a denial nutice to defendants had not been

to the States.

Continuing, the prosecuting From San Francisco: M. Giacono officer sald that no suggestion was of negligence.

made within 3 daya. or shipment Zanette, Shanghai merchant, re-made of any misappropriation of AGREEMENT TO SELL 1.e. July 17 and therefore defen-turning from a visit to the United public funds or property.

The Be About July 14, the mânaging part-dants were not lable. The time

States. ner of plaintifts entered into an limit was clearly 3 days from date

counts were in order when the accused took over in April, 1940.

to

agreement to sell a quantity of of shipment. There was no am- DEPARTURES TODAY on Oct. 1 the door to the store

باده شاه

amount

The

following. passengers:-

For San Francisco: Mr. Hadassah Schloesinger, student, from Pales-

tine en route to New York

For Mauliza:---

vestigation into this was ordered. Evidence of the prices of fuel was given by Lieut. (Actg. Capt.) G. C. E. Grew, R.AS.C.

goose and duck feathers to the biguity about the wording of the Tung Li, the consignees; a Hong- notice, Solicitor for plaintiffs re-

California Clipper was was found unlocked by the store- kong firm. Delivery was to be plied that the wording was am scheduled to leave Hongkong to- man and as during this month made within 15 days. About 10 biguous. The witnesses on "both day on her "return fight to San large deficiencies were found, in- p.m. on the 18th July the goods sides had disagreed as to its mean-Francisco, via Manila, with the were delivered on board defen- ing. It might equally mean with dants' boat, the Tin Sang.

in 3 days of the discovery of the After being checked, au envelops mistake, here the July "22, was handed by plaintiffs' foki to I hold that the wording 19 am- Compare bound mar 1oguous— might equally well was written the description and mean, as plaintiffs hold, that of.. cargo and the plaintiffs must notify within 3 days pame and address of the consignee. of the discovery of the loss

The detalls given on the envelope such a case the true principle to were then translated into English be applied is that the constructoin. and entered in the ship's manifest. Is to be construed more strongly I accept defendants' evidence against the party woo made the that there was nothing inside the notice te. "defendants. As plain- envelope, the practice of having a tiffs have potified form of invoice inside have ceased within 3 days of the discovery of defendants owing to postal censorship regula- the omission-actually they not- tions since the European War be- fed on the same day--I find that detendents are not "exempt from

gan.

ΤΗΣ

1

WEDNESDAY, JANUARY 8, 1941. -PAGE 5

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PINT THERMOS FLASKS

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€37.50

The House of Quality & Service

525252525252

BUSY DAY AT THE REGISTRY

INSTRUCTIONS GIVEN Major D. C. E Groge, R.E... testi- Manila returning after spending instructions on the keeping of the Mr. Henry S. Ng. student from fled that he had given careful his vacation in the Colony; accounts in the presence of accus- chanical engineer returning South; transferred to the 40th Coy. at the Mr. Eduardo M. Magtoto, me-jed. When accused was being

merchant completing the return over to Capt. Le Seelleur at the Mr. Jose Marquez-Lim; Filipino end of Sept, he was told to hand

portion of a round trip by Clipper; end of the accounting period but M. Alexandre E. Gerondal, ship two or three days later accused

Clipper on business; broker. making a round trip by went to him and said that there place at the Registry yesterday:

were large deficiencies. The Mr. Ng Yn-man, merchant, of Mr. Gustava U. da Roza, mer-largest deficiency was In the No. 93, "Prince Edward Road, and chant from Macao on business; petrol which was 50 to 100 gal- Miss Ho Sin-yee of No. 12, Kilung

Mr. L. R. Ildefonso, of the Ameri-Ions short.

Street.

The 5.8. Tin Sang arrived in ability by the notice. It is quite can Express. Hongkong,, also on Hongkong about 7 a.m. The aver-simple for defendants to word their business: age number of daily consignments notice so that no one can passibly Mr. Alberto Pacheco-Jorge, bar- Is, about 60. The envelope refer- mlsunderstand the meaning.

rister-at-law, making a round trip Solicitor for the plaintiffs sub-on vacation; mitted that the essential element Mr. Jenny M. Zech, American

ring to the cargo in question was

put along with envelopes relating

of negligence was the method de- tourist:

to other cargo into a bag and sent to the post offlee for censorship. fendants used to notify consignees Mr. Robert P. de la Sala, of John This bag was returned about 11 viz. phoning. It defendants had Manners, & Co., Hongkong, making a.m. and as practically all cargo sent the notice to consignees to the a combined bustness and vacation has by that time been delivered it Tung Li then there was far less trip to the P.I accompanied by is the practice of defendants to chance of a fraud being carried Mrs. Camila V. P. de la Sala; destroy the envelopes straightaway. out. Other

showing

Miss Helen Morton, American

features

Hearing was adjourned to.9 a.m. today.

ROTTERS CLUB OF IPOH

UNIQUE MOTTO OF MEMBERS

The following weddings.

took

Mr. Poon Cho-ming, student, of No. 46, Sung Street, Kowloon City, and Miss Fung Yun-klu, sister of the well-known novice Jockey and cwner, Mr. K. W. Fung.

Mr. Li Ngon, merchant, of No. 360, Lockhart Road, and Miss But Wing-hung of No. 322, Hennessy Road.

L/Bdr. J. Hickman, of Mt. Davis Barracks, and Miss Tsang Yuk-lin of No. 85B, Hennessy Road.

Mr. Au Kan-shek, schoolmaster, The Rotters Club of Ipoh enter- As these envelopes roughly corres- negligence were that defendants tourist;

tained Mr. Wm. Yinson Lee dur-residing at No. 73, Spring Garden pond to bills of lading I doubt the accepted a plain letter of request Messrs. Ngo Kok, Leong Hao-Jun, ing his sojourn in that town on Lane, and Miss Loo' Chiu-suf, tea wisdom of their early destruction whilst the Tung L's practice had Kou Ho-neng, Kan Lin-chi, Ho his recent tour of Malaya,

One cher, of No. 59, Spring Garden and consider they should be kept been to send letters of request with Mei-sin, Fu Choi-lam, Harry qualification of membership in Lane. at least for a few months. On their dr name as heading.

Wing-chee.. Chong, Wong

Mr. Pun Kwang-chak, of. No. 6, Woo this club was to be over 50 years

ufage, Rotarian Wm. Vinson Lee Shepherd Street, Tai Hang, and explained yesterday to Hongkong Miss Chan Kam-ping, teacher, of Rotarians. It was claimed by the No. 5. Perfection Place, Tai Hang.

Mr. Robert Tsal, draughtsman, information is given in one of two should have, noticed that it was ways viz. (1), a written notice to different from the chop previously

ito "rot."

residing at No. 80, Tak Ku Ling The Rotters Club do not belleve Road, Kowloon City, and Miss consignee informing him that cargo (produced by consignees. He asked is on board and delivery must be few questions of the Cople who CHANGES IN DATES the Rotary motto "Service Annie Chung of No. 90, Queen's taken early, the notice being deli- came for delivery. The defendants OF PERFORMANCE in "Belf before Service" for they

above Self-they jokingly believe Road East.

Mr. T. S. Whyte-Smith, Registrar fered to consignees by defendarits' should keep a register of the chops messenger or (2) a telephone mes used by various consignees and

Owing to the sudden flness of argue "How can one serve until he of Marriages, officiated at the first Sage, sent to consignee's office by should not give delivery unless the Nora Witchell who plays the part has taken care of himself." With four, and Mr. J. Reynolds, Deputy

Registrar. at the other three! the messenger.

usual chop was produced.

For Viola" in Twelfth Night the reference to the second half of European Y. M. C. A. postponed the Rotary motto "He profits most ceremonies. NOT NEGLIGENTĮ TO PHONE the Matinee performance

who serves best," they say "Who The system of notifying con- I have examined the ship's hald Wednesday, Jan. 8, to Wednesday signees by phone message, at least book and the various letters of re- Jadi, 15 at 5.30 p.m.

their arrival in Hongkong the con In addition the tallyman should Lim. Kon San and Liu Yok. signee is informed and sends some have paid more attention to the

one on board to take delivery. The chop on the letter of request. Ele TWELFTH NIGHT Club that after 50 a man beglo's

PHONE MESSAGES '

on

The Thurs

wants to serve and profit thereby when we are rotting?"

SOCIAL CLUB "They have a membership of change in the about fifty, nearly all prominent Chinese tin miners, rubber plan- ters and professional men," Ro-

as regards the present consignees, quest. I find in some cases the day performance has been can began about 2 years ago. Defen-general chop is used by consignees, celled, dants usually phone instead of in others the goods received chop. There is no sending the messenger with the I do not consider that defendants Friday and Saturday evening per- notice to consignee in cases where should keep a register of chops. formances Jan. 10 and 11. These the consignee lives at a consider-That is placing an undue burden performances will be held able distance from the defendants' on them. In some cases they must advertised. office as do the Tung L4 Firm, be consigning goods to a firm for Defendants say that they used the the first time and the register then | phone to notify the Tung Li at the would not help them Even the

{

as tarlan Wm. Yinson Lee said.

"Many of them are retired or about to retire, so it is entirely a

FIRST AID TO THE INJURED

SUCCESSFUL GIRL GUIDE CANDIDATES

social club without any serious The following members of the purpose, except getting together | Girl Guides Association who took

qualified successfully in "First Aid to the Injured":-

Vivian' Ruli, Julla Azevedo, Lucy

latter's request. The Tung Li deny fact that a consignee usually dants and acted on it without pro- once a month for a hilarious time their examination at St. John Am- they made this request--they pro-writes his letter of request on test. The telephone has become so and showering hospitality upon bulance Headquarters on Jan. 13 tested but acquiesced. I find that firm's paper should not in my view universal now that to hold it was visitors. though defendants probably sug- put the tallyman on h's guard negligent for defendants to use it gested the method it was ac-when he gets a letter written from here would be unjustified. In my quiesced in by Tung Li and they the consignee not on the firm's opinion plaintifs should have then they should have sent a ser Fung, Marjorie Wong, Alma Chan, had continually acted on it. It was paper. On the main factor relied taken the usual precaution of not-vant to accompany the goods. Wat Kam Chan, Hui, Kwai Nin, convenient for both parties. on to prove negligence via phoning tying the consignees independent-This, to my knowledge, is very tre- Wei Woon Yee, Lydia Ozorio,

At the close of the evidence, soll. I do not hold it was negligent to 15.

quently done in such cases and the Emily Chan, Norma Chan, Irls citor for the defendanta subrattted phone

Plaintiffs reasons for net so do. cost here would be very little, Tsang, Hui Kam Ping, Wong Chai that, the contract was one of car- Tala had been done for a few ing was that they usually did not I therefore find that plaintiffs Yue. Wel Woon Man. riage only; that that contract was years and acquiesced in by the know they were shipping until the have not proved defendants were discharged by performance on ar- Tung L. Offer consignees receiv-tant moment. If it was too late negligent and I give judgment for rival of the goods in Hongkong. ed phone notification from defen- for them to notify by post or cab defendants with costs.

Certificates when ready will be issued to them through the Girl Guides Association

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