'The Judge said further that the ease was peculiar in that there was' not a single eye-witness to. the accident, the coolie having his. back turned." Mr. Moss stated that was driving home at a reasonable rate, with no traffic on the street, that he saw a riesha ahead, but from the position of his car voncluded that he would have ample room to pass, but when he got almost to the riesha the coolie turned quickly and sharply to the right and then the collision occurred. The Judge stated that "he could sce that the theories advanced by both sides with regard to the relative: positions of the two vehicles were equally tenable so far the physical conditions were concerned. There was no reason why the riesha coolie should swerve the right, but it would be even more difficult to explain. why Mr. Moss, with plenty of room in the street, should rub the riesha down.
The Judge stated that he appreciated that this was a very sad case, Dut that it could not -be "decided because of sympathy. Tt was the duty of the Court fearlessly, hop-astly and fairly to consider the evidence and render a decision such as conscience approved. He could not reach any other conclusion that that the defendant was not guilty of negligence in the way that he handled his car on that occasion and he should accordingly give judgment for the defend Tarasoff vy. Oriental Motor Ca.
The case of Tarasoff v. Oriental Motor Ca, a claim for alleged damages received through a motor truck of the defendant company, was then called. "Mr. H. D. Rodger, appearing for the plaintiff, asked that the ease be adjourned client could not be present.
This was objected to by Mr. Fleming, counsel for the defendant, who a ed that the case be dismissed.
Judge held that the plaintif® had hot treated the case with suffice seriousness and ordered that case be dismissed; but consented, at the request of Mr. Rodger, to add that he would entertain the motion to reinstate the ease upon the calendar.
Text read from the printed page and cleaned; old type leaves the occasional error.