The Archive · 1936

Court of Consuls

S.M.C. Sued for Negligence

sIUNOWAT 24UNICIPAL OUNCE:

Course: Moses, Rodger & Con foe Petitioners: been fled to the action brought against the Shanghai Municipal Council by the widows nd_logal administratrixes of the seven Persons who were drowned through their car plunging into the Whangpoo River Canal at the terminus of Yangtszepoo Road of about 4 am, on May 12, The answer was fied by Mr. R, Bryan, on behalf of the Munleipai Council, and admits that the car named did run into the canal, drowning seven persons, but denies every other allegation in the statement of claim.

Four allegations' are contained in the defence, which, briefly, are that the reason for the occurrence wa the negligence of the driver and the passengers; the driver of the. car failed to turn southeast oft Yangtszepoo Road, and Into Tinghai Road, and. to cross the Tinghai Road Bridge to Point Island as required, but, in a dangerous manner and 4 fast rate, caused the car to leave Yangtszepoo Road, and catapult into the Whangpoo River Canal.

'The third allegation is that the occupants of the car were, or should have been, familiar with the road {o the Pish Market on Point Island, Dut failed to notify the driver that he had not turned at 'Tinghai Road 8 required, and. further' failed to protest against the negligent conduct of the driver, The fourth "all deceased. men car' without th ind that the driver of the car was acting under the control of the deceased, who were, therefore, responsible for his Rodger & Ca, for the plaintifis, in which it Is denied that" the accident was due to negligence on the part of the driver or passengers. It is denied that the driver of the car caused it to be propelled in a dangerous, manner; plaints allege that the car was cing driven in a careful and prud-fent manner. Finally, plaintiffs deny that, the negligence or contributory negligence of the driver should be imputed to the deceased, and deny that the deceased could have directed the driver, or protested ax to his conduct, ili, M, SUPREME COURT

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

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