1929-04-20 — Page 18

£1,000,000,000.

World Motor

FORD. V.

THE HONGKONG TELEGRAPH, MOTORING SUPPLEMENT. SATURDAY, APRIL 20, 1929.

War Stake.

CHEVROLET.

London, Mar. 25. The departure of Mr. Henry Ford from America to Europo is believed to be the prelude to a stupendous fight, Involving £1,000,000,000, for the world's motor car markets.

would be liable in damages if an accident occurred by reason of some hidden defect in the car-an unfore-sceu tyre burst, the sudden snapping of the steering gear, or the like..

The Appl.

because If Mr. Justice MoCardle had been wrong the effect would be that, every motorist would be held to guarantee to the public at large that his tar was in such a mechanically perfect condition that no accident could happen by reason of any sort of defect, whe ther visible or hidden,

The consequences of the decl alon were so wide and sweeping

The result is that accident liabi that the laundry company decided to appeal, and the case eventually lity still depends In general upon came on for hearing before Mr.negligence. If a motorist is cara Justice McCardie and Mr. Justice ful he will not be liable for an Bailbache. After a lengthy trial accident, even if it arises from a Mr. Justice McCardle delivered defect in his car. If he is careless, one of those learned and compre- and his carelessness, is respon hensive judgments for which he is sible for the accident, then he so famous, and with the concur will be ablo. This is a plain, rence of Mr. Justice Bailhache straightforward and commonsense the decision of the county court rule which everyone can appre

ciato.

Although the laundry company were ultimately successful they found, as so many other people. have found, that obtaining judg- ment and obtaining any monles ordered to be paid under that judgment were two very different! things,

Finding the Money,

>

Ford, although he is 65 years of Europe, Asia, Africa, South Judge was reversed. age. will Oght almost single- Amerien, Australia, New Zealand, In his lengthy judgment Mr. handed, his chief, opponent being and an export personnel of 20,000, Justice MeCardie, after stating Mr. Alfred Slonu, aged 63, prest-scattered all over the world. Its that the appeal raised several dent of General Motors, Ltd., an foreign directors recently travel-legal questions of practical im £800,000,000 company which led collectively 600,000 miles to portance, said that it was perfectly recently bought the Opel works in confer in New York.

: clear that the owners of the lorry Germany.

had not been negligent in any Americans are watching the Eighty millionaires will suppori

the keenest en-way, and that the real question Sloan. Ford's raply will be the rivalry with

The assets of the owner of the erection of a huge assembly plant thusiasm, assured that the United to be decided was whether they In Germany. His new company States will reap the advantage in were liable in damages merely be-

company gible, and the laundry in France gives him a strong post-the competition for the world's cause they had infringed one of van appear to have been negli-

the Motor Car Regulations. tion on the Continent, while his motor trade.

The learnell judge pointed out thereupon turned to the eminent) Dagenham works la England, are;

It ja monarchy versus demo-that the Motor Car Acts and the firm of engineers who had repair- expected to produce 200,000 cara

cracy, for Ford and General Regulations contained no provisioned their lorry and endeavoured to' General Motors operates in 107 Motors are essentially different in for the payment of compensation hold them liable for the expense to which they had been put as a con- countries, with assembly plants in organisation.

sequence of the accident, which they alleged was really due to the carelessness of the engineers whoi repaired the axle which gave way.

a year.

FIVE COURTS, TEN JUDGES & A WHEEL.

By Charles Greenwood (Solicitor: Honours).

On a day in June, 1922, a run-the same highway.

to anyone who might be injured because the Regulations were broken. He agreed that Mr. Justice Darling in another CRRC had found that there was liability for accident caused by the defec Mr. Justice McCurdie and a jury. tive steering gear of a defendant's seemed to have had little difficulty motor-ear, even though the defen- in deciding that the firm of en- dant did not know and could not gineers were fable, but the Court reasonably have discovered that of Appeal was again resorted to there was anything wrong, but and held that there was no evid- went on to say that he was un-ence of negligence on the part of able to agree with the view which the engineers, who should accord- Mr. Justice Darling took, andingly not be held liable,

This decision of the Court of eventually held that as there was

pany.

away wheel from a motor lorry

Unintentional Infringement, crashed into a vati in Camberwell

The owner of the van then sued New Road, and started a train of litigation which extended through the owner of the lorry in Lambeth five different courts and engaged County Court for the amount of the attention of ten judges, to say the damages and.micceeded in es-no negligence of any description Appeal was, however, of a semi- nothing of a multitude af unstablishing his claim, the county on the part of the laundry com-technical nature, and of little.con- not liable in sequence compared with their de and solicitors.

court judge holding that although pany they were The facts of the case were as the laundry company had not been damages to the owner of the var. cision on the main question na to simple as the law was compliral-negligent in any way, yet, by lle accordingly allowed the appeal the ability of the laundry com- ed. The lorry belonged to a lawn-sending out a lorry with a defee with costs,

And so the story as unfolded by The Judgment Confirmed, dry company who, two days be-tive axle, they were breaking a Tore the accident happened, hnd Statutory Regulation, and were The owner of the van, however, the law repgels comes to an end, received it back from an eminent cordingly liable in damages for refused to acknowledge defeat and and a runaway wheel assisted by to the judges, by counsel, and by solut Brm of motor engineers, by whom all the consequences of this dis-promptly took the ease

a general it had been completely overhauled obedience--even though it was Court of Appeal, where it was tors, has re-affirmed at a cost of nearly £200. The unintentional.

heard by Lord Justice Banken, principle of first-class importance work done eluded the replace The regulation in question pro-Lord Justice, Atkins, and Lord to all motorists-to wit: no negli- ment of one axle and the repair of vided that "the motorcar and all Justin Younger. Unfortunately gence no liability. the other, and no restriction an to the fittings thereof shall be in for the owner of the van all three the nature of the repairs had been such a condition as not to cause of these learned Lord Justices placed on the motor engineers or he likely to cause danger to agreed with the conclusion of Mr. concerned. In spite of this lavish any person on the motorear or on Justice MeCardie and refused to upact the decision of the lower expenditure of money the repaired any highway."

If the decision had been allow-court. le gave way in Camberwell New

If motorlata generally had Rond whilst the vehicle was being ed to stand it would have meant driven in a normal manner, and that bowever careful a motorist realised the importance of that the released wheel collided with might be, whatever precautions he decision we think they would have" and damaged a van standing on look to keep his car in repair, he heaved a general sigh of relief,

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