1921-02-03 — Page 7

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TELEGRAPH:

THE BUNGALOW CASE.

Interesting Evidence.

Yesterday afternoon, in the Summary Court, the case was continued in which the Rev. Father A. Henriques is suing Mr. George Theodore Lam for 1205, for damages alleged to-have been done to adjacent property by the 'builling of a bungalow at Eo fun Tin

Mr. D. J. Lewis, of Johnson, Stokes and Master, appeared for the plaintiff Mr. M. K. Lo, of Lo and Lo for the defendant.

Mr. Abdul Rahim, examined by Mr. Lewis, stated that he was an authorised architect. In 1918. he was instructed by Father Sebastian Silva and in accordat.ee with his plan's there were two bungalows built on the lot in question. Work was commenced in May, 1918, and was finished in January, 1912:

which the bungalows were jetected was partly male ground.

At the time these were the first! houses on the Ho Man Tin side. The plaintiff's and defendant's Hites were on the same level. | The first undertaking was im the ent ankment on the Western sila. The boundary: wall of his client was built a foot; d. The wall was constructed)

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in das case in it a fact that the north tank wall of the house was built on the outside edge of the concrete foundation 2 --No.

jup to the plinth in order to owner of lot "B" to build, woul¦ At that time the northern side prevent water from interfering you have built the ale next : H.K.1339 was with the work.

There was a Would you have built as you had lands - Yes. wall dividing the two bungalows. [done Yes, as far as the fence

the wall is concerned. houniary wall the defendant's Mr. Lo: As a matter of fact, [pillar projectesh dit. 6.n., and at the fence wall foundation was the corner 38. Tim Inside the not deep and it was not un sond wall the compound was deinent grounds. Yes. esmeretet, of a thickness of four inches. His client's walls were 16 mees thick in plinth and the buttresses Hinches and 16 inches

None of the cracks appear over foun lation that was

Calif grunt-- A portion was on solid It was on northern

Gita at that the house cranked bally? -- No.

Had it to be pulled down?- Xo. Was it in fact pulled down!-l:

was,

Was is re-built? Yes. Were there Cracks in the on solid house!--No

I understood you to say before that there were no cracks in this! house?-Not in the wall.

Sight.

cracks?→

at they linth. The time concrete portion. From sermons & to 12 igundation was two feet wide the foundation was ¡Paris the year 1919 there fell ground and 1 to 5 on led-up| What do you imatime was the 76.14 inches of rain. Derineliroun There was one track reason why, the house had be July, there were 10 inches of rain between 9 and to and the other pukel down? 4 do not know. There Daring, WV, nothing happened between 1 and 2 and a third in the The owner knows better mybos lents property. He knew į division wall.

was 10 reason as far as I know. that Mr. Litt was acting for al That crack sture "A.A" ap

Dą I understand you to say Synonate for the purchase of pears 33 feet 6 intbes from the that you could swear there were nearest corner of the excavation no cracks in the housut-There Mr. Lewis-It is alleged that made by the defendant? Yes. Were some cracks. the waistan ting as it was hasi Of course that distance would jan inherent tendency of toppling! give you considerably more than (with a wall built of the land at an angle of 40 degrees. The ji was, what is your opinion as point is that from there to the ta. Pre sufficiency or chet foundation of Mr. Lamba kozie wise-It is sufficient provided is more than an angle of 45 de- there is no disturbance on the grees?-Yes. fother side. By cistothance In other words, could roul was done near the anth-end

pean artificial disturbance.

seriously say that crack, which corner. Witness further stated that he is 13 feet 6 inches from the near-

Wa- the land adjoining that was asked in June 1920 to ex-est point of the excavation, has vagans or not? -Varant

You told us that it was not amine the place and he found beun 'caused by the excavation?

house very large crack in the boundaryIs there an excavation at right necessary to have the wall between the two furgalowe.andles to this crìck?-- Yes.

pulled down? -Not the whole The Boundary walls of the When did you notice it-I can-house. I made certain sugge4-

tional

that defendant's not sweat.

I suggested bungalows were built at the same! I am instructed that what you corner should be pulled down time and bonded together. That mean by excavations were two and rebuilt. boundary wall between the two hotes 15: poles for wings for Can qua pell me why these bungalows joined the boundary children --There were. I think, cracks should have occurred "--

It was similar to this case. Ibe! wall of the defendant very neerexravations.

and

I

Whete did they appear? Near the window heads. The damage

the

the centre. When his compound With rala percolating from ground of the adjoining wall was was completed the water was defendant's land, and as it would washed away and that caused | drained viloway from the fence naturally come from your land the cracks, wall.

Hi Lonship-Is there aring to be any dispute about the dam 19:

What do you mean by "this as it had cement concrete, would that cause a slight settlement of case."-Both cases. the land so as to form a little tilt?

No.

Why not?-The ground was foundation consolidated at the time and it took could take in any saking wi

water.

Do

Assuming. for the sake of argument, that in dizzing the the defendant Mr. Lol think there will be.

in sections. bored Wisenes said that the defend,

and comes concreted the Jand's telling was within ten feet of the lense wall. The defend-

foundation, don't you consider lants Foundation was lower than

think that the the tpport of the adjoining land ith plaintiffs. The whole of the defendant's building was a heavy increased by the foundation?-In boundary well and the dividingį building? In other words, de point of fact it would give a better wall becacen the bunslows was (you think that a building like support. Assuming that the cap intact except at the cracks at two that of the defendant would was allied properly, the found places. The cracks appeared in cause a compression pa thelations made on the defendant's ¡the arighMurhood of subsequent defendant's ini?-The com-land. if made in sections and with Puil in operations. The compression on the defendant's Land Proper support, would not adverse- pound was intact. On the north would loosen the land of they affect the plaintiff's soil. side of the plaintiff's property the plaintiff.

Do you consider the plaintiff's embankment was cut away about i Would the cracks on the soil good for building purposes? live foot The land on the have been caused by the general would act consider it very jnorth side

good. cocompression of soil?--It may.

The nature of the soil in Ho ¡cretedi best

Is the foundation of the fence year 1920 had been a wetter wall of a uniform width all Mun Tin does in fact give a lot season than 1919. The whole of along?-Yes.

of anxiety to builders -I am the wall except where affected Was it of the same width not aware of that. by adjouning buildings was still where the battress Was?-It

Was not

turfed.

The

Is it usual or unusual to build no a small bungalow on comens- intact.

uniform throughout, Was Cross-examined by Mr. Lo.Allowance being made for the concrete raft?-It is usual witness stated that the compound buttress.

Irrespective of the nature of the of four inches thick was the Bath the cracks appeared near 30?-No. A coment concrete minimun as requred by P. W. D. the buttresses. Do you think raft is used except in madeground. The Following matches were He did not do more than was that the uneven weight of the soil In other words, made ground is played in the handicap as the required by the Ordinance. The might have caused these cracks. bad.

от weak. for building

Sir. I read with intenst arch

slope of the north wall might be coupled with the nature of the proposes? Yes. G. Haigh (-125) beat Sgt. Marurfed, Assuming that it

Would the excarations made" admiration the powerful kader, shail (-150), 250-95.

was soil-I do not hold that, turfed, he did not think it would on the subject of the decision of

Do you say that the proximity by the defendant cause a general the Board of Inland Revenue at 16, 15: Marshall, 18, IT

Best breaks: Haigh, 32, 2, 17, make much difference to the of the cracks to these buttresses subsidenecce of the plaintiff's soil -If it were near the Bow of the water.

is a merc accident?—No. Home to charge Income Tax on

J. Taylor-150) beat Sgt. Car-

Assuming that the owner of the exchange compensation made

How do you explain that the proximity of the land. penter (-100), 250-202.

this land had got his land direct cracks appeared near the but

Assuming that this land were to the Service men of this Colony,

Best Breaks: Taylor, 50, 33, 30 from the Crown and assuming tresses.?it told at the weakest another site and assuming which appeared in your edition of 22, 19, 18; Carpenter, 30. 19. 19. that the defendant got his lot part of the division wall,

foundation that there WES last evening.

THE OPEN CHAMPIONSHIP. direct from the Crown, Although I understand that

Do you think that the weakest there, and the foundation was No match was played in the

would you bave built the point was near the battresses dug up and cemeat concrete put this decision has

been not the opes championship at Clas: Loundary wall exactly where you It went to the weakest link in in. would that affect your land?~~ officially intimated to

players are had done?-I would have done the chain. I must give way Yes. authorities, concerned, Four RF.D. Luzv. L. A. Omnd. efforts to nip in the bud" this injustice, is greatly appreciated your numerous Service readers.

Your share in obtaining the grant of the "Service Dollar " has not been forgotten, and your outspoken article, referred above, only goes to confirm that

night. Tonight's

it.

somewhere. I do not know His Lordebip I do not think where the weakest point is.

Are these bungalows the only the Service man has indeed a Mr. Rahim quite understood it. worthy friend.

Suppasing. Mr. Rahim, these ones on the Ho Mus Tia site ? the people bad applied to the Goverp-There were some others.

ment for land and the Govern-

Do you remember Inland Lot ment gave lot " "A" to one man|1340?—I do. The house and lot "B" to another man and passed and built by me in the date?-It Jon had been called by the middle of 1919.

Wishing your paper success it so richly deserves.

Yours etc. SERVICE MAN

Hongkong, Feb. 3, 1921.

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negligible

Tell me what would have happened?-There would be a

in on

Can you tell us how much sub- absidence on the plaintiff's land. carried

sidence this foundation would The earth would move out where manner. the defendant's trenches were. Would it occur at the time, or cause if there is no building ?-It Would that excavation affect on a future occasion ?-At the depends on the circumstances of the plaintiff's land at a future time or on a future occasion. It the soil.

Would have

After further cross-examination would be a subsidence by its own efect if that excavation

the case was adjourned. was weight.

an