"MIND THE STEPS!"

Dominion, Volume 4, Issue 1138, 27 May 1911, Page 6

"MIND THE STEPS!"

A LADY WHO DIDN'T. MISHAP AT A PICTURE SHOW, UNSUCCESSFUL CLAIM. An accident in His Majesty's Theatre, Courtenay Place, led to a Supremo Court action which came yesterday before the Chief Justice (Sir Robert Stout) and a jury of four. Elizabeth AValsh, of AVcllington, widow, claimed £11-1 10s. damages from Benjamin John Fuller, John Fuller, the. younger, both of AVellington, theatrical proprietors, and John Fuller, of Auckland, theatrical proprietor, partners in the firm of John Fuller and Sons. Mr. A. Fair appeared for the plaintiff and Mr. A. Gray for the defendants. The Claim. The plaintiff, who is a widow, and keeps a boardinghouso in Tennyson Street, complained, according to tho statement of claim, that sho had suffered damage, from the negligence of the defendants in not sufficiently lighting His Majesty's Theatre, Courtonay Place, so that certain steps in the passago from tho door of tho gallery to tho side, of it were dangerous and ■unsafe. The plaintiff was lawfully walking along the passage on tho evening of February 3, 1911, to reach a scat at tho side of tho gallery. Sho could not sco the steps, and she relied upon tho directions of a servant of tho defendants. She fell down tho steps, and thereby sustained severe personal injuries. She suffered great pain and was disabled, being thus prevented for six weeks from attending to. her occupation. The upper bone of her left arm was broken and her left shoulder was wrenched. Sho was still unable to raise the arm abovo the shoulder, and tho shoulder was still painful. Sho claimed £114 10s., mado up as follows:—Wages of help at tho boardinghousc, £4; doctor's foe, £10 10s.; general damages for pain and suffering, injury, and partial loss of tho uso of left arm', £100; total, £114 10s. Tho defendants denied most of tho allegations in tho statement of claim, and alleged that tho damage, if any, was caused, not by any of tho matters complained of, but by the negligence of the plaintiff, and without any negligence or default on tho part of tho defendants. They said that the steps led from ono level part of the floor to another, and ivere constantly used, being in no sense a source of danger. The plaintiff (they further alleged) did not look where she was going, did not uso ordinary care, and did not notico that other people were using tho steps. "Stopped Into Space," In her evidence in Court, the plaintiff said she_went to tho theatre at about eight o'clock on the evening in question. Tho passago was between the front and back seats of the dress circle. A young man. whom she supposed to bo an employee, told her there was plenty of room on the other side of the dress circle, and directed her along tho passage. AVhile sho was going the lights went out, as tho pictures were just beginning. Suddenly sho stepped into space, and fell on her knees and her shoulder, and there lay. Two gentlemen picked her up and sho was placed in a chair at tho top of tho steps outsido tho dress circle. Sho was then in great pain, and her arm hurt. Sho had had l'nedical attendance, and had to pay to get tho work done at tho boardinghouse. Sho had since been to tho theatre again, and noticed that there wore now more lights than before, even when tho pictures wcro being shown. Sho was looking straight before her at the time of the accident. She did not seo anybody going along the passage in front of her. To Mr. Gray: She would bo surprised to learn that the lights she saw last Thursdaj , night bad been thcro from long before her accident. Sho had not noticed them. Sho was shown into a seat by an attendant on.the last occasion, but sho had never had such attention before. Sho did not tell Constablo Bissett that she slipped on a banana skin. Mabel Christina Cochrane, draper's assistant, who accompanied Mrs. Walsh to tho theatre, gavo corroborative evidence. Was There a Case for the Jury? Mr. Gray submitted that there was no case to go to a jury. Thero was no evidenco that tho theatre was out of repair, or that 'the spot was a sourco of danger that was not plainly visible to users of the theatre. She walked in tho dark along a place of which she had no knowledge, and that alono Would disentitle her to damages. She had not denied that she safely negotiated ono stop, so that she must havo known thcro were steps thero. Besides, tho floor, being on different levels, it was obvious that thcro must bo something to go down. Sho brought tho damage on herself, and sho alono was to blame.

Mr. Fair submitted that there was at any rato a case for the jury in regard to tho allegations of contributory negligence. Defendants', counsel had not dealt with the evidence that the plaintiff was directed by a servant of the defendants to go whero she went. Tho Chief Justice: Ho only said there wero scats on that side. Mr. Fair said that amounted to a practical direction to go along the passage. As to tho contention that sho must havo known there wero steps there, that was by no means a necessary inference. There should havo been a light alongside the steps. Tho Chief Justice said ho had grave doubts whether thero was any case, but ho would allow it to go to the jury and reservo the point. The Dsfence. Mr. Gray then addressed the jury. Ho said that they might think it strange that Messrs. Fuller and Sons should oppose a claim liko this, but it could easily bo seen that if they submitted to it, they would lay themselves open to all sorts of possibilities as to other claims. Everard William Seaton, surveyor, showed the plan of tho- gallery. Dr. James Sands Elliott gavo cvidenco as to the injuries of tho plaintiff. Mr. Gray: Has your bill been paid yet ?—No. " Mr. Fair: How much is it?—l thought of charging 10 guineas. The City Inspector. Walter David Murdoch, corporation inspector, said it was part of his duty to inspect tho theatre. Tho lighting was sufficient. No light had been installed since February 3. Ho saw no objection to tho steps in tho gallery. There «ero such steps in tho Town Hall, tho Opera House, and all places whero seats wero built in tiers. Ernest George Buchanan, usher at tho theatre, said that at his direction Mrs. Walsh went along the passago towards tho scats on tho other siclo of the dress circle. Miss Cochrane was in front of her, and must have gone down tho stops first. Ho was tho only usheron duty in the circle that night, and only oiio was employed there now. William Jacobs, carrier, said ho saw tho accident; Plaintiff was accompanied by a young girl, who went along tho passago four or five yards in front Constable Bissett said ho was called to the theatro at 8.5 p.m. on February 3. He then questioned plaintiff about tho accident, and she said sho must havo fallen on a banana skin or something. The manager made a search, but found nothing of tho kind near the spot. Plaintiff then said the lights were out and she could not sec

I Frank Lewis Truman, fireman, said all Ilio exit lights woro lit that night. Hn far as iic could son, the plaintiff safely negotiated the top step and fell at tho bottom one.

Wiiliam Douglas, manager of His Majesty's Theatre, confirmed tho constable's evidence as to what the plaintiff .said after the accident, and that of other witnesses as to the sufficiency of tho lights. Robert Floury, assistant manager, said that when the accident happened the lights were on, and the show had not begun. John Fuller, jun., also gavo evidence. Verdict for tho Defendants. His Honour put the following issues to the jury:— (1) Wore the defendants guilty of ncgligcneo in not having tho. theatre sufficiently lighted ? C 2) Was the plaintiff guilty of contributory negligence in proceeding along the passage without exorcising ordinary care, and did such negligence contribute to tho accident? (3 What damages (if any) is tho plaintiff entitled to recover? Tho jury, without retiring, found a verdict for the defendants. A Cenerous Offer. Mr. Gray then said that Messrs. Fuller had always sympathised with the plaintiff, and had offered to pay tho expenses she had been put to, and woro still willing to clo so. Mr. Fair said they had offered to pay the medical expenses. His Honour said that was a very generous offer. It was perfectly plain to him that if thero was no light it was a person's duty to look out for stops. Judgment was entered for the defendants, with costs on tho lowest scale. A POPULAR SHIPPING MAN. MR. W. J. HANLON HONOURED. A number of commercial men mot at the Institute of Marino Engineers last night to bid farewell to Mr. W. J. Hanlou who, after 27 years' connection with the firm of Johnston and Co. as manager of the shipping department, is severing his connection with city business to follow farming pursuits in tho Martinborough district. During the evening Mr. Hanlon was presented with a gold keyless chronograph repeater with gold albert and sovereign ease, tho sovereign case and watch. bearing tho monogram "W.J.H." The watch bore the following inscription: "Presented to Mr. W. J. Hanlon by his business friends on tho occasion of his retirement from commercial life, Wellington, May, 1911." Among those present wcro tho Acting Prime Minister (tho Hon. Jas. Carroll), Messrs. 11. Fletcher (chairman of tho Harbour Board), A. E. liislop (Jlarino Institute of Engineers), W. Raukin, F. Gale, and A. Aherno (Johnston and Co.), W. G. Duthie (Duthis aud Co.), T. Craniand (Cook and Sons), -J. Mills (E. W. Mills, and Co.), J. Turnbull (W. and G. Turnbull), W. C. F. Richardson: (Superintendent Engineer AVellington and AVangamii Steam Packet Co.), AV. G. Fraser, R, Wilson. W. Watt, Fred. Hales and Captain Petersen (Richardson and Co.). Apologies for absence wcro received from .Messrs. C. Scagar (managing director of tho Wellington and AVangamii Steam Packet Co.), D. Robertson ,D. Williamson, C. Stewart, Flavell, Taylor, R. C. Remier, and W. Bridson. Tho Acting-Prime Minister, in, making the presentation, referred in pleasant terms to tho esteem in which Mr. Hanlon was , held, not only on account of his business qualities, but also on account of his genial nature which had endeared him to all his friends. Thay all wished him success and prosperity in his new life, aud hoped that tho timo was very far distant when he would 'havo to economise. As a great many of those who had subscribed to the presentation wore unable to bo present, Mr. Hanlon was handed a list conveying all tho names. In addition to tho Acting-Prime Minister, Messrs. Fletcher, Duthie, Rankin, Captain Petersen, and others added a few words suitablo to tho occasion.