It appears to me that in deciding Which of these two accounts of the accident I'am to accept depends on the place where the accident hap-If the lady slipped and the Nanking Road on the side of Szechuan Road it inc the probability of the pi story being the correct one, slipped and fell on the West side of Szechuan Road it increases the probability of the inspector's story being the correct one. There one witness I have not yet referred to, that Olga Halskelviteh, fand her evidence in my opinion settes the place where the accident took place. She knows none of the part-fee, and was only asked to rive evidence two days before the trial She did not seem particularly willing to. give evidence, she said she asked by a lady, (to whom fat the time of the accident she had mentioned what she had seen) to give evidence, and at first she says that she said "No", and then she] saya "I thought I "might as well say whatI'save." Miss Halskelviteh says she got out of the omnibus when it stopped before the doorway of Hall & Holtz. She was going to her work in Kiangse Road and was going to turn down Szechuan Road. fat the corner of Szechuan Road still on the: East side of Szechoan Road, she heard screams and saw 12 lady holding on to the omnibus land being dragged across the Scechuan Road, the omnibus was just erossing when she looked. She says she was so excited that she shouted "Why don't you stop the omnibus." She saw it stop ut last but soys it seemed a long while before it did stop. She says she did not notice Marie Palkin or Vrublev-[sky waiting for the omnibus, nor Bid she soe. Marie Palkin step on, She had merely stepped out of the omnibus without taking any noti of the people waiting and was walking to her destination. The omnibus assed her and then she heard the whi and saw the lady being screams and a Sikh policeman
dragged across the Szechuan Road, Plaintit's Version Accepted This is very reliable evidence and was given in a most clear and definite manner, and it absolutely establishes the of the plaintiffs foot happened just starting from Hall & Holtz, and so coincides with the story told by the plaintiff and Vrublevsky but does not coincide with the story of the Chinese inspector and the Chinese passenger who say that the plaintiff and Vrablevsky ran across the Szechuan. Road after the omnibus and that the man got on at Watson's shop on the West side of Szechuan Road and the woman tried to get on shortly aft Under these circumstances pears to me that I must accept the plaintiffs story, namely that she w waiting to get on, and was just going to do so when the omnibus started, that it was, stopped almost at once and when she made an attempt to get on, it started again, her foot slipped immediately and she was dragged along.
The gates were open giving an invitation to mount the omnibus and according to the plaintiff it did stop for a perceptible period when she tried to get on. There is sufficient negligence to make the defendant company lable and the defendant company have not made out rheic ease of contributing negligence. Therefore I give judgment for the plaintiff? with costs, The Damages With regard to damages it is ala matter of some difficulty to arrive at the proper amount.
The plaintiff is entitled to the wages she has lost during the period April 2 to June 24 which are stated in her Statement of Claim to be $160 per month, after deducting the amount that she has earned, it will be $196.88 for the period claimed. It also appears that she has lost sine tips which usually amount to about 50 per cent, of her salary, Roughly she might have: received in tips $225 for the three months, as she was at work for certain periods it must be assumed that she did receive some "tips." I will assess her loss at $90. Hospital expenses $31.75. Doctor's fees Tis, 110 to Which another attendance has-to: be added making it Tis, 115. We now come to general damages. The rule as laid down by Cockburn ©. J. Phillips v. London & South-Western Railway 4.Q-B.D. 407 is that the points to be considered are bodily injury sustained, pain undergone, effect on the health of the sufferer, its probable duration.
Tu there coses one cannot attempt to give damages to the full extent of perfect compensation but one must take a reasonable view and ie} give what under feumstances of the all appears to be a fair compels:
Dr, O'Hara says that she suffered considerable pain from the wound fon her leg, which will leave a permanent sear, She had to receive sleeping draughts and injections, She spears to have had a considerable hock, which her doctor states did lisurtange the regular routine of her health. He states she is still in a nervous state and suffers from her leg swelling towards evening which may continue for some months, having already lasted for several months.
The shock and fright of an nc~ cident of this sort is apt to have much more serious effect upon a woman than a man. inti is a lady who has to corn her own living, and sound health is more or less a' necessity to her.
Under all the circumstances I consider that a reasonable amount to assess her general damages at is Tls. 2,900, This will give the pla tif sufficient money to take a holiday and restore herself, to her normal health and leave something over to pay her legal expenses not covered by the costs in the case.
Text read from the printed page and cleaned; old type leaves the occasional error.