The Archive · 1920

A Motor Car Accident Action

An interesting case was heard on Thursday in H. M. Supreme Court, before his Honour Judge Skinner Turner, in which Ma Ying-tsin sued Mr. H. Bland, of the Shanghai Municipal Health Department, to recover $1,318 for injuries and expenses caused to the plaintiff by the alleged negligent driving of the defendant, or his servant, of the defendant's motor car on February 17, 1920.

Mr. M. Reader Harris appeared for the plaintiff and Mr. Lipson Ward defended.

Ctamt axp Resornner.

The case for the plaintiff, who it an assistant in the Chinese Government Steamship Administration, was that on the date in question, at about 5.30 p.m., he was walking with a friend along Szechuen Road from south to north on the left hand side of the road and about 15 to 50 yards from the corner of Soochow Road. The plaintiff alleged that the defendant so negligently managed and drove his car that it was driven against him with greatiforce so that it knocked him down to the ground causing him three wounds in the head and a fractured leg. In consequence plaintiff was put to the expense "f medical and hospital attendance and also suffered shock and mental and bodily suffering and damage to his clothes. For six weeks, he alleged, he was prevented from following his employment and would be unable to resume work for another two weeks. Plaintiff alleged that the defendant failed to blow his horn or give any warning of his approach, that he drove his car too close to the side of the road upon which plaintiff and his friend were walking and so guided his car that it struck plaintiff.

The defendant in his statement of defence denied—_ negligent driving. Alternatively defendant urged that the injuries were caused through the plaintiff's own negligence Defendant's version of the accident was that the plaintiff was walking in Szechuen Road in the same direction as the defendant's car and was walking about six or seven feet away from the kerb. He failed to keep a proper look out and suddenly, without any warning stepped further out into the road immediately in front of the car.

Text read from the printed page and cleaned; old type leaves the occasional error.

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