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Compensation for Personal Injury Case --- Wang Lie
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1989.04.21
COMPENSATION FOR PERSONAL INJURY CASE ---- Wang Liefeng Vs. Qianyang County 
            Highway Administration Division            
                                       
Plaintiff: Wang Liefeng, Female, 51 years of age. Farmer, Group 1, Houjiapo
Village, Centre Town, Qianyang County, Shaanxi Province.           
                                       
Defendant: Highway Administration Division, Qianyang County, Shaanxi Province.
                                       
Legal representative: Sun Zhixiang, Chief of the Highway Administration
Division.                                  
                                       
The litigation was initiated by the plaintiff Wang Liefeng against the
defendant Qianyang County Highway Administration Division for compensation
for personal injury. The Qianyang County People's Court formed the collegial
panel  in accordance with the law and, by conducting public hearing,
ascertains:                                 
                                       
About 6 o'clock in the afternoon of July 15, 1988, Ma Xuezhi, the plaintiff
Wang Liefeng's husband (employee of motor-driving section, Mail Box 171,
Baoji Municipality) rode a bicycle back home off work. He was riding on the
highway in front of the gate of the Qiangang county Electric Power Bureau
when a gale suddenly blew broken the road protection tree on the side of the
high way. It was too late for Ma Xuezhi to dodge from the falling tree. He
was hit by the broken tree on the head and in no time fell down to the ground
unconscious and his bicycle was also smashed broken. Ma Xuezhi was sent to
hospital by his companing colleagues Lei Shuxue and so on, but dead as rescue
measures proved ineffectual with clinical diagnose reads: Due to serious
brain hurt and breath failure as well as skull fracture, Ma Xuezhi died as
all clinical rescuing measures proved ineffectual.              
                                       
Also ascertains: This section of high way and the trees on the two sides are
under  the  jurisdiction of the Qianyang County Highway Administration
Division. Because of the long-horned beetle pest, part of the trees have been
withered to death for three years for the tree rate of insect pest amounts to
79 percent and average insect density for each tree is more than 26. The
Qianyang Highway Administration submitted a request for instructions level by
level and with the approval of the Shaanxi Provincial Administration for
Highway, the Baoji Highway General Administration Division issued a document
to the Qianyang County Highway Administration Division for felling the insect
pested road protection trees on the side of the Highway. The failure of the
defendant in taking any positive measure with respect to the felling of the
withered, trees resulted in the above accident.               
                                       
The Qianyang County People's Court holds: Persuant by reference to the
Interim Provisions Concerning the Maintenance and Administration of Highways
enacted by the Ministry of Communications, the road protection trees on the
two sides of the highway belong to the highway facilities. The Qianyang
County Highway Administration Division is to undertake the duties for the
administration and protection of this section of highway and highway side
road protection trees. The road protection trees have been withered by insect
pest for three years, which directly endanger the safety of the vehicles and
pedestrians on the highway. During the time of more than one year after the
superior organ decided by issuing the document to fell the insect pested
trees and replant new trees, the Qianyang Highway Administration Division
failed  to perform its duties, thus causing the damaging consequence.
Therefore, it was at fault. In accordance with the provisions of Article 126
of the General Principles of Civil Law of the People's Republic of China
which reads:" If a building or any other installation or an object placed or
hung on a structure collapses, detaches or drops down and causes damage to
others, its owner or manager shall bear civil liability, unless he can prove
himself not at fault," the Qianyang Highway administration Division cannot
prove himself not at fault, and shall, therefore, bear civil liabilities. In
accordance with the provisions of Article 119 of the General Principles of
Civil Law wh

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