Shanghai, 21st February. Before Mr. F. 8. 'A. Bourne, Deputy rudge.
Datvy v. Dastrene.
This was a case in which Christopher Darrell, assistant steward on the P. & O. §.S. Coromandel, was the defendant, and Roger Dalvy, proprietor of a cycle depot in Foochow Road, the plaintiff.
It was an action to recover $99.99 stated to be the value of a bicyclo hired out by the defendant and not returned, It was stated by plaintiffs manager thet the machine was hired on the 12th inst., fendant agreeing to pay 40 cents a for use. On the following day he came back to the store and said he had lost the bicycle but that he had communicated with the police with the object of tracing it.
the police did not succeed in finding it he was prepared to pay $30, compensation. 'They had since written to' the Captain of the Coromandel but had received no reply.
Defendant, @ young man, was sworn and admitted having hired and lost the bicycle. On the day in question he went out riding in company with five others along the Bubbling Well Road. In the evening they stayed some hours at St George's Hotel. At half-past nine he went out and lighted his lamp, the bicycle standing in the open nar the verandah. He afterwards went back into the Hotel and on his return a few minutes later the machine had vanished. He objected to the price put upon the machine by the plaintiff, It was a very old-fashioned bicycle, low-geared, and lacking various necessary accessories. It appeared to have been in use a very long time. ward that if any letter had been addressed Captain Tillard of the Coromandel inti-
to him on the subject by the plaintiff he could only say he had not received it. He first hoard of the affair on Sunday last. The plaintiff too was unable to supply any information in the shape of a description of the bicycle or its number to aid the police in seeking its recovery, which was very hard on the defendant.
Jaintiff remarked that his bicycles were not numbered. It was not an old bicycle as alleged, but on the contrary was specially chosen by the defendant as being above the average. They let out inferior wheels at 25 cents an hour.
Defendant added in regard to the matter of price, that he stipulated with the Chinese assistant to have the machine for the half-day for $2, and no hourly agreement was entered into.
Mr. Bourne said it was clear that the defendant must pay for the machine, but how much he would have to decide Inter.
Albert Edward Ritchie, also of the Coromandel, spoke to being in company with Damrell on the 12th inst. and expressed the opinion that the value was too highly appraised. It was an old machine id looked as though it had had quite three months' hard wear.
Mr. Bourne said that the defendant was bailes of this bicycle and as such he was bound to show ordinary care and vigilance and take the same care of it as a prudent and cautious man would of his own property. It was clear to him that the defendant had shown negligence and that he was liable for the consequences. He could not, however, get clear evidence as to the value but he would enter judgment for the plaintiff for $80 with costa. If the machine was found defendant must return it to the plaintiff and get his money back.
Text read from the printed page and cleaned; old type leaves the occasional error.