Leung Chi Yuen And Another v Tsang Shui Ching And Another

Court:District Court (Hong Kong)
Judgement Number:DCCJ327/1971
Judgment Date:30 Sep 1971
DCCJ000327/1971 LEUNG CHI YUEN AND ANOTHER v. TSANG SHUI CHING AND ANOTHER

DCCJ000327/1971

IN THE DISTRICT COURT OF HONG KONG

HOLDEN AT VICTORIA

CIVIL JURISDICTION

ACTION NO.327 OF 1971

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Between LEUNG CHI YUEN and LEE WUI CHUN the Administrators of the estate of LEUNG YAN CHUN, deceased Plaintiffs
and
TSANG SHUI CHING 1st Defendant
LEE KA TIM 2nd Defendant

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Coram: Cons, D.J. in Court.

Date of Judgment: 30 September 1971.

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JUDGMENT

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1. This action arises from a fatal accident that occurred at approximately 8 o'clock in the evening of the 23rd of October last year. A boy of 11 years' of age was riding with two of his companions along Nam Cheong Street, Kowloon when he was struck and killed by the defendant's lorry as it overtook him.

2. There is no direct evidence as to the actual circumstances of the accident. One of the deceased's companion, a boy now aged 14 years, was riding at a distance about two car spaces behind the deceased. He noticed the approach of the lorry and shouted a warning to his friends in front. As the lorry passed him, he himself lost control of his own cycle and ran into a motor-cycle parked on the left-hand side. At the part of Nam Cheong Street in question there is a marked space for parking at the side for the whole length. I accept the evidence of constable 7755 that this space was fully occupied at the time. The motor-cycle into which the second boy collided was parked between vehicles at right angles to the kerb. It was obviously only a trifling collison, but it diverted his attention at the material time. When he had recovered and returned onto the thoroughfare the deceased had already been killed.

3. The defendant's evidence is that he was driving his lorry at an approximate speed of 10 m.p.h. when a shadow rushed out from between vehicles parked on his left hand side; that he braked immediately, at the same time swerving a little to his left and that he then felt the nearside rear wheel of his lorry bump over something. But he was not an impressive witness and I am not inclined to place reliance on his suggestion of a dark shadow. I think it probable that as he approached the three boys they were riding in line ahead about 1 foot out from the parked vehicles and that if the defendant did not see them it was because he was not paying...

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