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November 19, 1934]
the other end of the block were, that practically all the basements. of the Lascar Row houses were part of the Queen's Road houses, the portion immediately under Lascar Row being cut off from communication with the upper portion of the house, consequently the La-car Row occupauls could not use the lane if it were formed that the total depth of property between Queen's Road and Lascar How so shallow as not to require such a lans, and even if the lane wore desirable it was not feasible to carry it out at present and ho advised that the Board reconsider their 1 decision. Mr. Rumjahu minuted that a scaveng | ing lane should certainly be inserted if it could be made continuous, otherwise public money would be only wasted in compensation for the I lane.
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Mr. JONES said he had gone thoroughly into the question, and there was no possibility of the lane being made right through.
Dr. ATKINSON moved that the exemption ho recommended.
Colonel WEBB seconded the notion, and it was agreed to.
FAMILY OR TENEMENT HOUSES? Correspondence from Mr. Rumjalin, relative to recent prosecutions for failing to limewash certain houses in Tai Hang village, was read.
Mr.RUMJAHN stated that the houses in ques-
tion were family houses, and the residents had bean fined for failing to limewas them, which operation was only required in the case of a.
tenement house.
Dr. ATKINSON : The Magis rate has already decided that they are tenement houses.
Mr RUMJAHN-The Inspector did not ex- plain to him
Mr. BREWIN was surprised that the Inspector should have drenunt they were teuement houses. He had been through them. They
and were perfectly élean
not in need of sanitary provision. He felt quite sure the Iuspector had made a mistake.
Mr. EWETT: Would it not be advisable to! make some definite rule with regard to family houses? When we find two or three genera tions of one family living together, it is clearly a fam ly house. Tho inspectors should be in- structed in the case of a family houss: t to enforce the law,
Mr RUMJAHN: The people told me that Inspector Lyon had never vis ted the places to find out whether they were family houses He (the Inspector) had simply made out his applications, issued, summonses and got them fined. He maintained that it was the Medical Officer's duty to inspect such sunumouses.
Dr. ATKINSON said it was not the case that the Inspector had acted on his own initiative. No prosecution was taken out nuless counter- signed by the Medical Officer of oilth.
Mr POLLOCK: Probably the difficulty will be obviated in future if the attention of the Inspectors is especially directed to the fact that limewashing is required only where a building is occupied by more than one family.
Dr. BARNETT: That has already been done. There are 154 tenement houses less this year than last, which shows that the Inspectors do find out a certain number.
Mr. RUMJAHN asked what about tlie fines inflicted. Seven dollars was a large sum to the people in question.
Mr. POLLOCK thought the proper course would be for the people to petition tuo Govern- ment.
Mr BREWIN: After the illegal action brought to its notice, I do not think the Sanitary Board should sit quietly down and tell these people they are at liberty to petition the Government.
Dr. ATKINSON: No illegal action has yet been proved. Mr. Rumjahn has made certain statements, given wrong addresses, and now gives correct addresses. A report can be made on his further statement. Hitherto the Board's officers had acted according to their instructions. The attention of. Inspectors is to be drawn to this matter, and a further report is to be furnished.
MORTALITY STATISTICS, The following statistics are for the week ended 29th October, death rate per 1,000 per
annum
British and foreign civilians. Chinese land population
#1
boat population
15.5 214 19.8
CHINA OVERLAND TRADE REPORT:
LIMEWASHING RETURN. The limewashing return for the fortnight was laid on the table. Some 1,512 houses containing 4,352 floors were cleansed in districts from one to twelve.
RAT RETUR“.
During the week ended 7th November 722 rats were caught, of which nine were found to be infected. During the following week the total cate was 623, and nine of these were infected
WARNING TO SHIPS.
Dr ATKINSON: I may mention to warn shipping people that it has come to my know- ledge that Chinese junks are supplying water to shipping in the harbour from a place which the modic officer visited, and thinks is very liable to pollution. The name of the place is Tai-tung. tong, close to Lyemun. Those junks supply the water cheaper than the company which a'ready supplies water, and some large ships have been known recently to be supplied from The report of Dr. Macfarlane shows that the main source of pollution is from the small Chinese vegetable gardens scattere along the course of the stream, which are manured in the usual Chinese manner. Ha recommends that if the water is still to be used !for drinking, these be removed
this source.
Mr. HEWETT thought it very necessary to
put the public on their guard, and recommended that the roport be published
Dr. BARN TT said this was not the only bad source of supply Practically the only safe was the mains of Hongkong.
one
blame; he must have been going at a great speed, more than an ordinary speed. They were wil. ling to pay any damage to clothing and doc.ors. bills incurred by the accident, but he could not claim anything for nervous shock. After some further correspondence an action was commenced: The plaintiff contended that the track men took no steps to see that the road was clear, and that it was driven at a great speed.
His Honour-What was the actual damage? Mr. Grist-$20 damage to clothes; $24 in's golf pool competition, for which plaintiff had subscribed $2; a sprained wrist and the other personal damage he received. The defendants are prepared to admit that the place is a publio thoroughfare
His Honour- Is that so ? Mr. Looker-Yes.
Lient Lumsden gave evidence. He bore out Mr. Grist's statement; and had a witness, Lieut Macdonald, who was riding to the ferry on a bicycle at the same time. The ricksha was going very slow under his instructions: the ferry was only approaching the wharf. The wharf was so lumbered with merchandise that he-
did not see the trolley till the ricksha was a couple of yards from the rails. The ricksha coolie did all he could have done under the circumstances. Lieut. Macdonald picked him up. There was no other white man in sight, and the coolies had gone.
Cross-examined-As he was coming along the road he was on the lookout for trolleys, but could not see very far along the course as after about ten or fifteen yards his view was Mr. RUMJAHN thought the water boats had blocked by a ship. There were about ten great difficuity in getting Tytam water. The coolies pushing the truck. There were neither Government should not allow one company to coolies nor a white man in sight when he was supply ships, but competition should be encour-picked up by Lieutenant Macdonald. He had aged, and every facility given the junks to get told the ricksha to go slow that was-his
practice. filtered water.
Dr. ATKINSON said it was always possible to obtain Tytam water on this side of the Island on application to the water authorities.
In reply to Mr. Hewett, Dr. Atkinson stated that ships could get water at 50 cents per 1,000 gallons,
SUPREME COURT.
"uesday, 8th November.
IN SUMMARY JURISDICTION.
BEFORE HIS HONOUR T. SERCOMBE SMITH (PUISNE JUDGE.)
LIEUT. LUMSDEN, R.G.A., þ. H.K. AND KOW.
LOON WHARF AND GODOWN co.
In this case the plaintiff sued the defenda company on account of personal injuries and damage to cloths cansed by alleged ne-ligence on the part of employees of the defendant company. A collision had occurred near the the 6th ult., Kowloon Ferry landing on between a ricksha in which the plaintiff was riding and one of the company's cargo trucks.
Mr. E. J. Grist, solicitor (of Messrs. Wilkin- son and Grist), appeared for plaintiff; Mr. H. W. Loker, solicitor (of Messrs. Daucun. Lookert. and Doeacon). for the defendants.
Mr. Grist said it was an action brought against the defendant company for $200, in respect of damage and injuries sustained by the plaintiff being thrown from a ricksha on the 6th October: plaintiff had sustained injuries, shock to nervous system, and damage to clothes. At about 3 p.m. on the day men. tioned the plaintiff was proceeding towards the Ferry, when the ricksha he was in was run into by a trolley pashed from the wharf towards the godown. The wheel of the ricksha was broken; and the plaintiff was thrown to the ground.
Но (plaintiff) sus ́ained
a badly sprained wrist, cut hand, cut knee. nervous shock, and damage to clothes. The plaintiff had written to the Company stating these facts: also explaining that his ricksha had been going slowly while the truck was going very fast indeed; he thought $250 reasonable compensation. In answer to this letter the Company replied that the truck coolies in question, and their foreman, had been fined. They considered the rickshs coolie to
Mr. Grist asked witness the nature of the injuries he had sustained.
Witness said that his left wrist was sprained, his thumb injured, he had thre cuts on the palm of the 1 ft hand, in addition to which his left knee was badly bruised. He also received a,severe shook to the nervous system, while he utterly spoiled the suit, of clothes he was wear. ing at the time. His left hand was practically- useless for a fortnight.
Mr. Looker said it was not a question of personal injury. They had offered in their letter to recompense the plaintiff for medical aid and had expressed regret for the accident. It was simply a question of law. He alleged contributory negligence on the part of the ricksha ooolie.
His Honour pointed out to Mr. Grist that it was necessary to prove negligence on the part of the defendants.
Mr. Grist said h intended doing so.
Lieut. Macdonald in the main corroborated the statements of the plaintiff. He was riding about a yard and a half ahead of the plaintiff when the timber trolley was rushed along. It was with the greatest difficulty that he escaped running into it. The ricksha coolie pulling the plaintiff could not have avoided the collision. The trolley coolies were going at a run, while the ricksha coolie was merely walking. A travelling orane, and a number of stationary trollies laden with packages, obscured the view of the truck.
Mr. Looker :-I suppose the ricksha --coolie did all that was right and proper, and the trolley coolies did everything they should - not* have done?
Witness: -Y←s.
Mr. Ralph Packham, outdoor superintend ent in the employ of the Godown Company, gave evidence is to the system of the coolies when working.
William Clarke, an overlooker, said that the coolies who pushed the offending truck had been fined by the management, That was to make them more careful. -
A number of coolies who had been engaged in pushing the truck were called and all denied that they used undue strength in propelling samé. One said they could not have done so, as the load was too heavy. Another declared that the watchman called out to the ricksha man? He and the other coolies with the truck also shouted. to him to stop, but he was coming along at a great pace. The men on the truck tried to pull back their burden, but it was much too heavy for them to do so in time to avert the collision.
The case was adjourned.
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