Judgment for the Shanghai Municipal Council against Michael Storchile, a former member of the Russian Regiment, S.V.C., who claimed additional damages from the Council following an accident on the S.V.C. Rifle Range on August 13, 1997, was given by the Court of Consuls yesterday. The case was heard before Mr. C; E. Gauss, American Consul-General (presiding), Mr. A. H. George, ELM. Consul-General and Mr. Y. Miura, Japanese Consul-General.
Storchilo claimed that under the terms of his contract of employment he: was entitled to receive from the Council a total gratuity of $10,639.20 against which the sum of $800 only had been paid, leaving an unpaid balance of $9,839.20. He did not dispute the finding of the medical board estab his disability at twenty per cent. but he insisted that compensation commensurate with the fixed degree of disability should be calculated on the theory that he had been deprived of that percentage of his annual income for each and everyone of the years constituting his life expectancy, and not twenty per cent. of a maximum gratuity, of $4,000.
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Findings He further claimed that the Council, as the owner of the road on which the accident occurred, had a duty and obligation to keep the said road in good repair and free from obstruction and that although the Council had prior knowledge that the telephone pole into which plaintiff rode his cycle in the darkness of August 13, thus causing serious injuries to his face and nose, it had taken no steps io'remove the obstruction. On this he claimed damages.
The Court found that the plaintiff had failed to establish any violation of his contractual rights and he was, therefore, not entitled to recover any amount from the Council in the first cause of action. In the second cause the Court found that the plaintiff had not established or proved any damage for which he had not already received compensation or indemnification which, in the absence of conclusive proof to the contrary, must be considered as having been adequate and reasonable.
(The full text of the judgment will "appear in the "North-China Herald").
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Text read from the printed page and cleaned; old type leaves the occasional error.