1923-07-11 — Page 5

to

DAMAGES TO WIFE.

CASTLE PEAK ROAD.

Can a Husband Sue?

Can a husband bring an action

To be Closed Fully Six Weeks.

The Castle Peak road is still

THE HONGKONG · TELEGRAPH,

CHINA COAST. OFFICERS.

14

Mr. C C. Russell, secor d officer, Linan, is on reserve. | Mr. P. R. Cheetham, second officer, Yunnan, is on reserve. Sinkiang, has gone chief engineer, Mr. W. Lamont, chief engineer, Liangohow.

The Latest Changes,” recover the amount of #:

Mr. A, J. Nathan, from reserve, doctor's bill in connection with closed to vehicular traffic in con-has gone chief officer, Ngankin. injuries sustained by his wife sequence of the damage caused Mr. W. Jones, chief officer, That it is a debateable point. was to a section of it during the recent Ngankin, in on reserve. shown during the course of a case typhoon. which came before Mr. Justice

Enquiry at the P.W.D. offices Comporiz, this morning, in the this morning resulted in the in- Summary Court.

formation being forthcoming that A Chinese clerk, residing atfit will be necessary to build a No. 28, Nullah Terraco, Quarry retaining wall at the spot where Bay, sued a Chinese firm of the subsidence took place, and building contractors for $500. that this will take some time to: The claim was for damages to construct. plaintiff.caused by the negligence No definite information could of defendant, or his servants, in be given as to when the road was blasting operations in the neigb-likely to be again opened but weled third engineer, Kashing. bourhood of plaintiff's house at were told that it would be at Quarry Bay, on March 25th. Mr. least six weeks before it could gineer. Kashing, has gone chief C. A. S. Rues appeared for again be used by motors. plaintiff and the defence was

conducted by Mr. E. Davidson.

Outlining the facts, Mr. Russ

explained that plaintiff, four wo- KWANGTUNG FIGHTING.

men (including plaintiff's wife), and a small boy were sitting peacefully in their home, when. suddenly, without any warning, a large number of enormous rocks tell on the building, broke down the door; and caused the injuries; which would be described to his Honour later.

Latest Reports from the Front.

Mr. C. N. Flood, chief engineer, Liangobow bas доле chief! engineer, Sinking.

Mr. D. Short has been appoint. Mr. T. R. Pringle, chief on-

engineer, Wuchang..

Mr. A. N. McDonald, secund engineer, Luenyi, has gone acting chief engineer, Kashing.

Mr. R. Meldrum, second en- gineer, Lucbow, has gone second engineer, Luenyi.

Mr. Clark, second engineer, Whangpu, is on reserve,"

Mr. A Knowles second en- ginger, Foochow, has gone second Mr. J Colquhoun, second engineer, Liangehow, has gone. second engineer, Foochow

With regard to the military operations in Kwanglung, a re-engineer, Liangchow. port from the North River states The inhabitants that the Kwangsi and Northern

were naturally in a state of great panio. Shortly afterwards some directions to Chi Hing, Young froops have retreated in three people appeared, one of whom Yuen and Lok Cheong, and that said he was the foreman of the the situation is peaceful op to contractor who was blasting. He was responsible for the rocks Shiukwan.

On the West River front, there

Mr. W. Pollock, third engineer, Woosung. bas gone third engineer, Poyang.

Mr. J. McCann, from reserve, has gone third engineer, Woo

Mr. J. W. Bunting, second

reserve,

falling on the house, and he said have only been skirmishes in the un if they sent in the bill for medical vicinity of Shiuhing and Yuet expenses to the contractor it sing. It seems that neither side officer, Fuhwo, is on would be paid. "The result of the is prepared to make any advance. Suiwo, has gone second officer, occurrence, Mr. Rass added, was,

Mr., F. Laloc, sup's second officer; that the contractor was sum is quiet at the moment, but in The situation on the East River moned before Mr. J. R. Wood at view of the possibility of Chan

Fubwo. the Magistracy for failing to take, adequata precautions and was advance at aby moment, Dr. Sun King-ming's forces deciding to has again ordered part of the

fined $100.

Mr. Davidson mentioned that Yuonanese troops to leave the defendant did not deny liability it North River front for this region. was merely a question of damages. They denied liability for medical expenses to the wife, on the ground that plaintiff could not sue for injuries caused to bis wife.

His Honour-The wife can sue if she likes, I suppose.

WEATHER REPORT,

July 11d. 11h. $5m.-Warning

to Hongkong, Coast Porte, &c.

known intensity within 120 miles!

Mr. T. O'Hara, from leave, has officer, Tuckwo. Mr. F. S. Hollingshead, second

one second

officer. Tuckwo, is on leave.

Captain J. Campbell, of the Hopsang, has gone master, Yatsb- ing.

Captain N. W. Van Cortlandt, of the Yatshing, has gone master, | Hopsang.

Mr. J. R. Doughty, chief officer, Kumsang, has gone acting mastor, same ship,

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Captain A. Fernandes, from

of Lat. 10 N. Long, 135" E,, mov-reserve, has gone master, Hoisang. ing N.W.

Mr. E. A. Neileen, from reserve, has gone chief officer, Kumsang. Mr.R.G.Lowndes, from reserve, has gone third officer, Kumsang.

Mr. Davidson replied that if the Depression of typhoon of un-enog, is on leave, wife brought an action it might be on totally different lines. As far as the husband was concerned, Mr. Davidson submitted that the July 1d. 11. 59m.-Pressure claim was frivolous. With regard has increased considerably. at to the wife, they did not know, Shanghai, moderately over For and they preferred to deal with mosa and slightly from Hong- the husband's case by itself. kong to Indo-China. It has de

His Honour-Assuming the wife is injured and the doctor sends in a bill, which the husband pays, cannot he sua ?

Mr. Davidson's submission was that he could not.

creased slightly at Yap and over the Philippines.

Depressions are shown to the north of Bhanghai and over S.W. China,

There is a typbaon 200 miles to Mr. Rues argued that a husband the west of Yap moving N W. could sus for necessaries supplied Hongkong Rainfall for the 24 to his wife. If the husband was hours ending at 10 a.m. to-day, liable to pay, then be was entitled 0.01 inch. Total since January. to recover. Mr. Rues's case was 1st, 30.44 inches, against an that by ordinary common law average of 43.12 inches.

Mr. E. P. Smith, from reservo, bas gono chief officer, Kwongsai.

Mr. H. Cornwell, chief officer, Kwongaai, bas gone acting maater, same abip.

Captain J. Acock, of the Kwong- sai, is on leave.

Mr. J. F. Nicoll, chief officer, Hangseng, is on leave.

Captain P. Jowitt, from reserve, has gone master, Loongsang.

Captain J. McAirsh, of the Loongsang, bas gone master, Fooshing.

Captain C. E. Webb, of the

the husbard was bound to provide gORECAST FOR THE 24 HOURS Fooshing, is on reserve.

his wife with proper medical al

Lordance. If the Lusband was liable to pay when somebody else bad caused him to pay, obviously

ENDING AT NOON TO-MORROW.

District.

he was able to recover from the || Formoss Channel

persons whose negligence caused him to pay.

J

2 South

coast of

Mr. Davidson-We say it is a China between grossly inflated claim.

Mr. Russ, continuing, said

Forecast.

}

H.K. & Lamocks. S.W. winds,

moderate; to fair.

the first item of their claim 3 Hongkong

Wis for ten days' loss of

WAREB at Taikoo Sugar Re-

Gap Rock mun

finery. The second item was 4 Bouth coast of

the Chinese doctor's bill, $76.35,

for twenty days' attendance. The

third item was for damage to a

coat and the fourth item for

China between H.K. & Hainan.).

1. F. CLAXTON, Director.

damage to furniture. The next 1.K. Observatory, July 11, 1923. item was the wife's doctor's bill $132.15. The wife was

more

seriously injured than the hur

band, Mr. Ruas mentioned, and gested that a wrong had been was still scarcely able to walk. committed to plaintiff; that was The remainder of the claim, to to say, the negligence in the blast. bring the amount up to $500, was ing had caused an injury to his; for shook and pain and suffering, wife, for which he was liable to which in a case such as this, Mr. pay. The wrong which was com Russ contended, should be a fairly mitted to plaintiff, said Mr. Davidson, was that a piece of

substantial amount.

Mr. C. E. Compton, from re- serve, has gone third engineer, Kunywa.

Captain J. A. Murphy, of the Hasan, is on leave.

Captain C. Stewart, of the Kwanglee, has Hacan.

gone master,

Captain J. MacArthur, late master, Kiangwab, is deceased.

Mr. P. Mullen, second officer, Hsiakong, has resigned.-Ship- |ping and Engineering."

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At the conclusion of the ovid.etone struck him. That was a ence, Mr. Davidson continued the wrong on which he could sue. argument that plaintiff had no Also it was a wrong that the stone) claim with regard to his wife's struck his furniture. It was not injuries.

a wrong to him when a piece Mr. Russ:-I say it is quite as of stone struck his wife. If it cards, each with a different letter The drawing represents eix Imperative for the husband to pay were, then Mr. Russ could claim on it. The puzzle is to form the for a doctor to repair his wife as it modioal expenses, but the case cards in line so that they will is for him to pay a carpenter to failed because the striking of his spell a person's name.

repair his door.

Bue?

Yesterday's answer:

Mr. Dividson contended that under the Married Women's Pro- perty Ordinance, 1905, the wife must bring an action herself.

His Honour-Yes; the wife gen sue, but cannot the husband Mr. Russ's answer to this was added to 45, the two figures (4 that owing to the entrance of the and 5) will be reversed, now Mr. Davidson's submission stone into his house, striking his forming 54. was that the husband could not wife, and owing to the fact that que. Only one person could claim, plantiff was liable to provide his and under the Married Women's wife with necessities, he had to Property Ordinanceit waathe wife. expend a certain amount on a In this particular action if judg-doctor's bill and he was entitled want were given against defen-to claim to recover that amount. dants, they could be sued again Hie Honour reserved his deci- MOUTRIES-Exclusive Agents by the wife, Mr. Russ had sug-

wife was dot a wrong to him, Mr. Davidson submitted. His wife was not his property, and there the number 45 (4 and 5), are add- If the two figures composing Was ao case so far as the medical ed together and multiplied by, 5, expenses of his wife were con- they will give 45 (4 plus 5 is 9, corned.

multiplied by 5 fa 45), I 9 in

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