ACCIDENT IN THEATRE

Dominion, Volume 31, Issue 153, 25 March 1938, Page 5

ACCIDENT IN THEATRE

Damages Case Before Court Of Appeal Legal points arising from au action in which a woman was awarded damages for injuries received when she slipped in a theatre at Auckland were argued before the Court of Appeal in Wellington yesterday. Appellants were John Fuller and Sons, Ltd., theatre proprietors, and respondent was Kathleen Amy Fraser, widow, of Auckland. The admitted facts were that on April 2, 1936, Mrs. Fraser slipped on the floor in the vestibule of St. James Theatre, Auckland, and broke her right knee. In the Supreme Court she alleged negligence against the theatre proprietors and claimed £650 general damages and £37/4/6 special damages. The jury awarded her £450 general damages and the full amount of the special damages claimed. Defendants having had leave reserved, moved for an order setting aside the verdict and entering judgment for defendants, for judgment on a nonsuit, or for a new trial, on the grounds (a) rhat tiie verdict was against the weight of evidence; (b) that the verdict was obtained by the unfair and improper practice of plaintiff’s counsel iu that addressing the jury he made the following statements: “Whether covered by insurance or for some other reason the proprietors took no care to see whether that floor was not becoming dangerous,” and “Some people may use terrazo and cover themselves with insurance.”

Mr. Justice Fair held that the verdict was not against the weight of evidence, but ordered a new trial on the grounds of counsel’s statements. The appeal was against that portion of the order that refused judgment for defendants or judgment on a nonsuit. Respondent cross-appealed against the order for a new trial.

The court consisted of Mr. Justice .Blair, Mr. Justice Kennedy, Mr. Justice Callan, and Mr. Justice Northcroft.

Mr. H. E. Barrowclough (Auckland.) appeared for appellants and .Mr. A. G. Quurtley (Auckland) for respondent. The hearing will be continued to-day.