MEMBER of the Shanghai Stock Exchange and prominent local jockey, Mr. F. Marshall appeared as defendant in H.M. Supreme Court yesterday, before Judge P. Grant Jones, when a claim against him, filed by Mr. Solomon B. Zatz, a Russian, employed as a supervisor by the American Securities Corporation, was heard.
Mr. Zatz claimed a sum of $1,000 as damages, $392.60 as special damages and costs, resulting from an accident on Bubbling Well Road on June 17 when he states that, owing to the negligent driving of defendant, he was thrown with great violence out of a rickshaw and sustained serious injury, through the defendant's car colliding with the rear of the rickshaw.
Plaintiff was represented by Mr. K. E. Newman and Mr. H. D. Rodger appeared for defendant, who denied any negligence.
Outlining his client's case, Mr. Newman stated that defendant struck the rickshaw when it was between Medhurst Road and Gordon Road. The plaintiff was thrown forward with violence onto the pavement and sustained serious injury to his ribs, haemorrhage in the region of the right side of the neck bone and a broken collar bone, in addition to numerous bruises and severe shock.
Drove On Mr. Newman, continuing, said that Marshall drove on after the accident, and he understood that plaintiff denied any responsibility, adding that the rickshaw had no light and was in the middle of the road. Dr.
Rosenberg, Mr. Newman went on, examined both, and the rickshaw coolie was given $1 by defendant Marshall had written a rather unpleasant type of letter to plaintiff which indicated the type of man he was, continued Mr. Newman. It had been impossible to trace the rickshaw coolie, while the policeman on duty there said he saw nothing. The accident took place late at night but the road was well lighted and was practically clear of heavy trafüc. Defendant had alleged that the rickshaw had swerved, but he had not mentioned this when the statements had been taken at the segue of the accident.
Dr. B. I. lassinsky, gave evidence of the injuries sustained by plaintiff, following which plaintiff, whose home is at 1220 Avenue Road, entered the witness box. He stated that the rickshaw which had carried a light had come from Yates Road and had turned into Bubbling Well Road and travelled very near to the kerb. The car driven by defendant crashed into their rear and he was thrown on to the pavement, A stranger approached and helped him to his feet while the coolie was sitting and holding his right leg. and called a man who was passing by to examine the coolie. They then walked towards the car and asked him if he wanted a lift but he refused and, as they drove away, witness took a note of the number of the vehicle.
Defendant denied that the accident was caused by any negligence on his part and added that the rickshaw failed to keep near the kerb on the left hand side of the road, where rickshaws and slow moving vehicles should travel He further alleged that plaintiff, without warning, zagged" and moved further to the right directly in front of his car thereby causing the accident. The accident, he continued, occurred a few yards east of Medhurst Road on Bubbling Well Road.
Witness added that he had offered plaintiff a lift and after a refusal he had told him to "go to the devil and find your own way home." During cross-examination by Mr. Newman, he said that he had been at the Race Club that night from about 5.15 p.m. until 1130 and he had had several drinks, during a game of bowls.
Text read from the printed page and cleaned; old type leaves the occasional error.