The case in which Mrs. Van Led zo sued Mr, Louis R, Ladow in the Court for China for G.$10,000 in connection with a motor accident in Nanking Road, near Thibet Road, ber 23 last was concluded when Judge Milton D. Purdy found in favour of the plaintiff. "In addition to the G.$10,000 claimed, plaintiff also asked "for medical'feed"in the sum of M. $1,000 tind costs. She was awarded G$900 for the personal _in-Juries she suffered and M. $600, medical "expenses and" physician Mr. C, P. Holcomb appeared for} plaintiff and Mr. F. J. Schuh Plaintif, vocalled, said that, after the accident, she was rendered unconscious and was taken home. She admitted, however, in answer to Mr. Schuhi's questions, that she had gone to Louza Police Station later to report the matter. A sergeant had told her to go to hospital but she replied that she wished to be treated at_home by her own doctor.
Dr. W. E, O'Hara said that he had examined plaintiff at St, Luke's Hospital on Saturday morning. He was convinced that plaintiff was in perfect health. There was nothing the matter with her at all at the resent rise though she might have suffered some pain five months ago.
Questioned by Mr. Schuhl as to tseng, which plaintiff claimed to have used very extensively, Dr. O'Hara said that, according to the "British Pharamacepia," this had no tonic or medicinal properties at all. Continuing, he mentioned that he'found no marks, scars or swollings about plaintiff, who appeared be perfectly normal, Cross-examined by Mr. Holeomb, witness said that there was a Possibility of pains recurring during damp and rainy weather even five months after the accident. Ginseng wag supposed by Chinese doctors to be a tonic and it was prescribed extensively by them, Temporary Police Sergt.. James Toss, of Louza Station, recollected the accident. He wag on duty at 2.50 asin. on the day in question and had seen plaintiff in the charge room after the accident, making a report.
he was standing up and talking to tie desk sergeant, A ricsha coolie had informal him of the accident and he went to the scene, where he found the ricsha damaged. The coolie did not say if the had beer. injured. The charge room sergeant told plaintiff to go to hospital but she said she wanted her lown doctor to treat her. answer to the Court:—Witness remembered distinctly that plaintiff thad gore to the station, She the charge room when he got there. [The accident took place at 245 a.m. land she was in there at 320. She was in the charge room for about ten minutes and may have been erying.
Mr. Holcomb: mentioned here that Dr. Yang Chung-fu, the doctor who had treated plaintiff' after the accid-lent, had gone to Hangchow and had not returned. Counsel would not doing his duty to his client if he closed, the case then without doctor's evidence. He had told the doctor to conic but the latter had not shown up."
The Judge:—t am afraid that we Jean't wait. for this Chinese doctor Plaintiff was again recalled and she said that Dr. O'Hara had made fan examination of her body on [Saturday He tested her chest and tapped her knee. He simply looked lover her spine and pressed it, when [she felt the pain, She could not walk, about now without considerable diffi-Jculty. She was prevented from teaching because she could not sit for more than an hour at a time without suffering from pain. When the weather was damp, she felt greater pains, Mr, Holeomb:—Can you tell us the value of your sufferings up to now? How much money have you spent?— footter yet.
The Judge: such a question has been asked in any court before.
Mr, Schuh! submitted that it was] for the Court to decide.
The Judge (to Mr. Holeomb):—Would you know yourself if you were in her place?
Mr, Holeomb:—I would not be! sure that T could say yes or no.
The Judge so. Then how Dr. O'Hara was fecalled and he said that he had thorough exami He got the [Chinese doctor to talk to her while he conducted his examination be. Jeause that was the best way in these eases as it took the mind off the examin There were no signs of pain Dr. W. K. Nance corroborated the evidence of Dr. O'Hara and said that, when he touched the alleged painful spots, there was no reaction, There [was no visible evidence of any definite injury to the spinal column, Judge Purdy:—Did_ you reach. the conclusion that the injury was feign-Jed?—Witness:—I would rather say exaggerated. I was led to bell that the pain was exaggerated, The defence rested here and, after fr. Holeomb had applied for an adwurnment, which was denied, counsel said they would forgo argument.
The Judge mentioned that negliglence and liability on the part defendant had been admitted. The only que for the Court to consider was that of the damages which plaintiff suffered by reason] of the accident. The Court was! satisfied that plainti? was injured jand that, therefore, she was entitled such damages as were adequate for the injuries which she nad physical pain, She was also entitled to recover the expenses for the [medical attendance she had received. The evidence before the Court show-
Jed that plaintiff had sustained actual damages to the extent of several hundred dollars. She had been deprived of her teaching work for five Jmonths, she had paid three doctors for attendance and she had also purchased medicines. The Court did not think she was entitled to recover Jon the ginseng, a bill for $500 for Jwhich she had presented to the Court, nor did he think she was entitled to recover the diamond jearrings which she claimed to have lost. He would, therefore, allow her} [31 $600, or G.$207, for her sufferings fand for actual damages.
Continuing, his Honour comment. Jed on plaintiff's evidence, which he fdeseribed as being not' fair and Inievious hearing of her visit to the police station, though she was asked particularly about this. She dai have sustained a cut-on the head land a shock to her nervous system but Dr. Tyau, who examined her shortly afier the accident,- testified that he failed to find any sul jor any serious injury at all. "Her testimony bad impressed me that
Text read from the printed page and cleaned; old type leaves the occasional error.
