1924-11-18 — Page 3

Hongkong Telegraph 港電新報 士蔑新聞 All

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THE HONGKONG TELEGRAPH.

TUESDAY, NOVEMBER 18, 1924,

MOTOR CARS COLLIDE. SMALL GIRL KILLED. BASEBALL V. CRICKET,

APPEAL AGAINST MR. DYER | MANSLAUGHTER CHARGE

BALL'S JUDGMENT.

FAILS.

SATURDAY'S MATCH. The team of baseballers who are

Yesterday altomoon tho Full The coolie, who appeared before to play the orlaketers at oriekst on Court-the Chief Just.co (Sir Honey Mr. E. W. Hamilton at the Kow- Saturday next on the Hongkong luon Magistracy jesterday after. Club ground are shaping touch IL II. J. Gompertz hound an ap arising out of the accident in which pested. Gollan) and the Puisno Judge (ou can charge of manslaughter botter than would have beon ex-| peal against a decision by Mr. the coolie when carrying a piece of For Roveral evenings tho pro- the team Justice Dyer Ball (acting Puleno wood in Waterloo Road, Yaumati, apeative moutera of

themselves Judge) in which Mr. II. S. Odell, on the 12th inst. caused the death have boen making

to them. broker, was awarded 8390 damages of a small, Chinese girl, who was acquainted with the with custs against the Connaught walking along the rond on her way unwieldy bnt and the nnatiuess of Motor Car Company.

to make some purobases, was did-breaking balls. If anything, their The appeal was conducted by Mr. charged by the Magistrato owing to play is on the cautious sido.

Caro sufficiently There is little doubt that the IL Fitzroy, instructed by Mr. there not being

game will be productive of a great! F. E Nash. Mr. Fitzroy explained strong enough for a jury.

little A coolie working with the defen- deal of interest and no that the caso came before Mr. Judent deposed to having soon the aniserent, and with the aid of ties Dyor Ball on the 24th Sept decossed who was walking at the two fairly serviceable bowlers there The facts were that the plaintiff, Mr. rent of defondant, when passing seems reason to believe that the Odoll, was driving his own car at him, knock against his leg with the hickory wielders will bo by no the time on the Pokfulam Rond in result that the piece of wood menas diegraced and may even bo the direction of Repulse Bay. When which the man was carrying fell able to turn the tables on the he got to the top of a fairly, steep on top of the girl. Defendant at victors in the baseball match played hill there was another ear ahead of once removed the piece of wood earlier in the year. him, which, for som renson, was and on Bading that the girl was A number of reversing Plaintiff in trying to dead walked away, pass ran his car into the side of the persons wanted to have him arrest- road and into the rear of the defened und defondant told them there was no need to arrest bin. He was then accotupanied to the polico An old man who witnessed the; Mr. Fitzroy mid that plaintiff station.

acoidont said that ho was of tho himself told one story to Inspector

that A junk coolio said that he first opinion

defendnat WAA Grant immediately after the acci-jaw the girl in front of the fatigued and was unable to curry! dent, which was practically the same defendant who when evertaking the log noy.further and let it drop told that by the Company's her let the log of wood slip from to the ground. When he saw that chauffeur, and quito a different one, he, shoulder and fall on the girl. the wood was lying on top of the when he went into the witnesa box,The defendant did not wait to girl he picked it up and then rau and it was upon these discrepancies, remove the log but ran away away. that Mr. Fitzroy strongly argued the crowd arrested him and handed Witness acting on the requests of that the decision of the Court bobim over to some friends of the low should be upset. Mr. Odell bnd tense, stated that he was going at a spoed,

dant's ear.

il

of ten miles an hour, but Mr. Fitzroy contended that noone going at that, | speed could possibly smash an axle and front wheel as happened in thin

330.

M. Fitzroy proceeded to deal with the evidence given before Mr. Dyer] Ball at length, and argued that there was no negligence on the part of his client.

Mr. F. C. Jenkin (instrueled by Mr. L L Dunnys for Mr. Odell, asked what possible evidence there] was that Mr. Odell was travelling at an excessive spród The evidence that he was travelling at only fen miles nu hour was not challenged in ths Cons below. Mr. Fitzroy had asked the Court to infer that be

Renertain daamge was done to Mr. Odell's ear that he was travelling ut an excessive speed. There was no evalence that the damage could (not have been done if he was travel- ling at ten miles an hour, or even

Mr. Jenkin argued that it was jurb! ponsible that. Inspector Grant, who) was not a traffic inspector, going ou the scene of the accident immediate ly after it had Imppened, Ind erred) as to exactly what was suit. If th Jappeal was based on the inconsis

teuries between the evidence ofj

| Inspector Grant and the story told] by the plaintiff, then de respectfully slonitive it Wan not worthy to succeed

ILK

Occular Demonstration. My Fitzroy's demonstrations in Court by matos

of tin motors to how the neeident might have lup- pened were unsupported arsh, con- tradicted by the evidence. It was vomition ground in the Court below that if a car wanted to turn there was no necessity to reverse, and it was therefore impossible now rounsri say that there negligence kom his client's part in reversing. Alter farther arguments, Mr. Jenkin asked the Court to dis miss the appent

WKH

fot

JLO

Cane

The Chief Justice, in delivering' judgment, said the story of the plaintiff was a rather strange ono, and possibly if the case bad been handled differently in tho Court be- How there night: huve been a of contributory negligence made Int.

He did not think at this stage that they condd do what Mr. Fitzroy asked and try the card merc- ly on the evidence of the plaintiff on it contributory negligence hnd hech seriously raised before Mr. Dyor Balk Mr. Dyer Ball went carefully into the case, having all the advantages they had. not hall, of seeing the witnesses, listening to Hele evidenco) and watching their demeanour, and even if the ene had been stronger]

THE MING YUEN STUDIO in favour of the appellant than it

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was, he should have very consider- able hesitation in upsetting Mr. Dyor Ball's finding on questions of fact He thought, no case whatever had heen nude out to differ from his judgment and the appeal would be demissod with costs.

2

Mr. Justice Gompertz agreed F thought that on the material before, them it was quite impossiblɑ"to, overrule the Julge below on the facla

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Writo or Phons for completo Price List.

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Complete Change of Programme For these Two Days

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Classical & Oriental Dances

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