1926-06-26 — Page 10

THE HONGKONG TELEGRAPH, MOTORING SUPPLEMENT.

ARMSTRONG SIDDELEY

145.D

ONG SIDDELEY

with four tester Sandown Body

There is no craning or straning, for the driver has a natural and commanding view of the road. The controls are conveniently set and the seats fit the figuro and provide support just where it is needed

U

14. ARMSTRONG SIDDELEY

with firmacaler Coleald Body

The fourteen has been on the market for several years, and while its character romains unchanged, its details have been improved. Consequently you benefit by our experience and need not experiment.

ม่

DISTRIBUTORS FOR SOUTH CHINA THE HONGKONG HOTEL GARAGE.

(The Hongkong & Shanghai Hotels, Ltd. )'

Show & Salos Rooms-125, Queen's Road Central Telephone Central 1759.

SINGER

WHOSE FAULT REALLY?

SOME SEEMING ANOMALIES OF THE LAW EXPLAINED. By A Solicitor

NEW FORM OF TRAFFIC CONTROL·

spite of the excessive speed and the defective brake, and if he had kept his eyes about him he would have porceived the op proach of the car and would have kept out of mischief. If the matter had stopped there tho action must have failed, for he would certainly have boon guilty of negligence. The driver of the car, however, had soeD the horses some perceptible time darlier, had duly applied his brakes, and if they had been effective' he could, as the jury found, have pulled up in time. Indeed, he would have had 100, feat to sparo. It was the motorman's duty, on seeing the peril of Sands, to make a reason. ble use of his brakes in order to avoid injuring him, al-je though it was by his own negligence that. Sands was in dangor. Apparently he did his bost as things then woro, but. partly the bad brake and partly the excessive speed for both of which the Railway Company. (By special arrangement with "The Morris Owner")

wero responsible, prevented him Whilst all motorists will readily LEAVE, NOTHING UNDONE from stopping, as he could other- express their adhosion to, and And in all cases of this, nature, wiso have done. On these will try to carry out, those rulos however foolish the other party facts..only one conclusion is known as the "Six Cardinal may have boen, the law always possible. What actually killed Rules of Driving." yot few looks at all the facts,and Sands was the negligence of the probably realise their full import particularly those immediately Railway Company, and not his though it was A close or the full implications involved preceding the accident, so that to own in not complying with them as 'be in the right you must have carefully as possible. And so it acted all along, but especially up

The following portions of the... is considered that a few examples to the very end. in such a way judgment should, bo espe- When that has been done, it is drawn from past lawsuits, and that you have left nothing undone

Many per necessary to pursue the matter illustrating the less obvious rules which you could reasonably have cially noted.

sons are apt to think that; iri n

¡into its origins: for judicial pur- case of contributory negligence may help to impress them more done to avoid the accident. vividly on the mind and may A more recent case illustrating like the present, the injured inan poses they are remote. give to motorists a fuller realisa- this is that of Guffney dasorved to be hurt, but the In the present case their Lord- tion of their importance.

Dublin United Tramways. The The fire of the rules which it plaintiff, who was a partially question is not one of desert or ships are clearly of opinion that the responsibility for the is proposed to illustrate is the deaf man, was knocked down the lack of it, but of the cause.

"Always keep your and injured by a tramcar while he legally reponsible for the in-accident was upon the Railway following:

Company solely, because, whe- juzy. eyes open and your wits alert." was passing through a thorough-

ther Sands got in the way of the And this is not so easily done as fare. Previous to the accident the

car with or without negligente said if it be realised that you driver of the tramcar sounded the.

The inquiry is a judicial in-n his part the Railway Com- have not only to keep your eyes gong and shouted, but did not open to preserve yourself from slacken speed. The jury found quiry. It does not always fol-pany could and ought to have making mistakes, but that you that the plaintiff was negligent low the historical method and avoided the consequences of that not by any combination of have also to keep them so open in not kooping a proper look-out, begin at the beginning. Very negligence, and failed to do so; that you have to preserve other but that the driver could have often it is more convenient to people from the consequences of avoided the consequences of the begin at the ond, that is, at the negligence on the part of Sands their own folly, and have also to plaintiff's negligence if he had accident, and work back along with their own, but solely by the This the line of events which led up sending the car out with a brake negligence of their servants in remedy, if possible, the dangerous exercised reasonable care. circumstances which have come made the driver guilty of the toit. The object of the inquiry whose inefficiency operated to

the is to fix upon some wrong-doer Was about as a result of that folly. negligence which And here it is important to note proximate cause of the accident the reponsi ility for the wrongful cause the collision at the last that in the eyes of the law it is and so, although it was found act which has caused the dam- minute, and in running the car.

It is in

at an excessive speed, which re- search Hot the lust action immediately that neither the plaintiff nor the age.

quired a perfectly efficient brake agency, before an accident which counts, driver was exclusively to blame, merely of the causal and which makes you either yet because the driver could in bat of the reponsible agent. arrest it." responsible for the accideus or the last minute have saved the si uation caused by the plantiff's

not.

Specially Geared for Hongkong

莓

FOUR SEATER "DE LUXE" £205,0,0.

For Full Specification and Particulars apply to

GILMAN & CO., LTD.

HONGKONG BANK BUILDING.

MADE IN ENGLAND'

"We put these words on

DUNLOP TYRES

for your protection.

They are made at Fort Duolop, Birmingham, and they are recognised to-day as the Standard by which all Tyres are judged.

Local Distributors: Hongkong Hotel Garage. Tel. C. 4759.

Local Branch Offie: 160, Des Voex Rond Centrol.” Tel. C. 4554.

were

The examples addurad in this negilgence and did not do so, article will serve to make this judgment and damages more clear; and it is interosting given to the plaintiff.

So that in all these cases the to note that those members of the public who decry the motor parties originally at fault were car so fiercely need not lock jable to avoid the consequences of upon it as the root of all evil, their own foolishness and the since the rules of law governing blame was placed on the other these

the ground that, Cases have long been parties on established as a result of large though the former had been numbers of cases which came guilty of the negligence which was before the courts long before the the sole cause of the state of advent of the motor car.

affairs which made an accident

Perhaps the must obvious ex-possible, yet the latter Lad the ample is that contained in the last opportunity of avoiding and old case of Buttorfield versus could have avoided, the actual Forrester, in which a man who happening of the accident by the riding his horse home quickly in use of reasonable care. the dusk was injured by running The second ruig with which it against a pole which had been is proposed to deal is that which improperly placed across the tells us always to keep ourselves highway. He naturally felt that and our vehicles in safe driving the person who had wrongfully order.

placed the polo there should pay A good caso in point is that of for the damago he and his horse British Columbia Railway versus had sustained. He, therefore, Loach, which may be said to be on brakes. It will be brought this action, but, unfora tunately for him, failed to win it. noticed that the same principles: For it was held that he could underlie this case as underlay have avoided the accident had he those mentioned above. Tha been more careful; the judge following extracts from the judg saying: "A party is not to cast ment of Lord Sumnor tell the himself upon an obstruction story, and state the law, so well, which has been made by the fault that they cannot be read too of angther and avail himself of it carefully.

*

if he does not himself use com- One Hall took Sands with mon and ordinary caution to be in him in a cart, and they drove the right. One person in fault together on to a level-crossing, will not dispense with another and neither heard nor saw an using ordinary care for himself." approaching car till they were So that here we have a warning, close to the rails and the car was all the more to be heeded when nearly on them. Hall says he it is remembered that borses.do could do nothing, and with a not carry lights, that we must loaded wagon and horses going always keep our eyes open for two or three miles an hour he the wrongful acts of othors. probably could not; the

Another somewhat similar case oar knocked cart, horses and man is that of Davies versus Mann. over (and incidentally killed This is not quite so obvious as the Sands) und ran some distance first. The facts in it were that beyond the crossing before it the owner of a donkey féttored could be stopped.

its forefoot so that it could not It approached the crossing at run away and, turned it into a from 35 to 40 miles an hour. narrow lane. A horso and trap The driver saw the horses of came along and ran into the they came into, view behind a donkey, thereby injuring it. The shed at the crossing of the road ownor of the donkey claimed and the railway, when they damages, and won his case, not-would be ten or twelve feot from withstanding the fact that one the nearbat rail, and he at once, would hardly expect to find a applied the brake. Ho was then, donkey in the middle of a road 400 feet from the crossing. If so fottored that it could not move the brake had boen in good.or out of the way, and notwith-der it should have stopped the! atanding also that it would be car in 3 0 foot. Apart from the very difficult to see its helpless fact that the car did not stop in condition The judgment is on time, but overran the crossing, the aame lines as that in the case there was evidence for the jury inontioned above, as the following that the brako was defective and extract will show: "Although inefficient, and that the car had the ass may have been wrong-come out in the morning with the. fully there, still the dofondant brake in that condition. was bound to go along the road Clearly if the deceased (Sands, at such a pace as would be likely had not got on to the line he to prevent mischief."

would have suffered no harm, in

thing.

}

THE LAW.

The "nest" in Nanking Road, at the function of Chekiang Road, with a. Sikh policeman directing, traffic from a height of about ten feet from the ground. This is the first signal box of the klud to be installed in Shanghai.

WHO OS. YOU "DRINK YOU

ARE - EXC

ETC

You don't have to, be an orchestra leader to face the music..

Consider One Day's

Production by Dodge Brothers, Inc.!

Did you ever see 1500 automobiles at one time?

Parked in one place they cover more than 2,657,160 square feet,

Driven in a line five feet apart, they make a parade more than 51⁄2 miles long.

Packed for shipment they fill more than 825 freight cars.

And yet this is simply one average' day's output at the great Detroit plant of Dodge Brothers, Inc.

Production on this vast and ever increasing scale permits economies in the purchase of equipment and materials which faithfully re- flect themselves in the low price you pay for Dodge Brothers Motor Car.

Dodse Brothers,inc.Detroit

THE DRAGON MOTOR CAR CO., Inc. 33 Wong Nei Chung Road, Happy Valley HONGKONG

DODGE BROTHERS MOTOR CARS

Page 10Page 11