DAMAGES DISALLOWED

Evening Post, Volume CVII, Issue 66, 18 March 1924, Page 7

DAMAGES DISALLOWED

MATTER BEFORE COURT.

An application for' leave to appeal against a judgment delivered at Christchurch by his Honour Mr. Justice Sim was considered yesterday by the Court ot Appeal, consisting of his" Honour the Chief Justice (Sir Robert Stout) and their Honour,, Mr. Justice Salmond and Mr Justice Stringer. The application, made by .Robert Eagle, was supported hJ . M*; P- B. Cooke, and the respondent, the Now Zealand Picture Supplies Limited, was not represented ' Outlining the facts of tho case, counsel said that his client had gone into a Picture theatre in Christchurch, paying for admission in the usual manner It was early for the performance, and there was no one else in the hall The appellant, wishing to find a lavatory opened a door leading immediately from the theatre, a door on which there was no notice or Warning, and stepping out on to a three feet square platform, he fell down a flight of steps. As the result of tins fall, he permanently lost the sight ol one eye and sustained permanent injury to his logs. In an action before his Honour Mr Justice Sim and a' jury, the appellantclaimed £700 by way of damages. The jury awarded £375, but this was not allowed by his Hoonur, who held that there was no evidence of negligence. He had further held in this case that when die appellant opened the door and stepped out on to the platform, ho was no longer an invitee. D

Counsel raised the points that his client had paid for admission and was an invitee; that there was no notice of any kind on the door through which he went in search of the lavatory; that the basement was not lighted; that the steps wore not safe for public use and that with the door open and the light oft, the place was a danger. These matters, said Mr. Cooke, were either undisputed or quite clear from the evidence He submitted that his Honour Mr Justice Sim had incorrectly applied the findings in the two cases he quoted On the question of sobriety, counsel said that though his client admitted having had four glasses of beer, it was quite obvious from the medical and other evidence that he was perfectly sober at the time of the accident.

Decision was reserved