THEATRE ACCIDENT

Evening Post, Volume CXV, Issue 121, 25 May 1933, Page 13

THEATRE ACCIDENT

DAMAGES CLAIMED

QUESTION OF LIGHTING

In the Supremo Court today, Air. Justice MacGrcgor heard » claim for damages made by Mary Jones, wife of Daniel Thomas Jones, furniture manufacturer, Kilbiruic, Wellington, for injuries sustained by her through falling ■ down some steps at tho entrance of a small room on the first floor of the De Luxe Theatre. Daniel Thomas Jones also claimed damages. The total damages claimed . amounted to £825 lls. The- defendants were the Kemball Theatres, Limited, proprietors of tho Do Luxe Theatre, in which the accident occurred. . | Mr. O. C. Mazengarb appeared for tho plaintiffs and Mr. W. E. Leicester for the defendant company. The statement of claim set out that on June 9, 1932, Mr. and Mrs. Jones attended the De Luxo Theatre and purchased tickets to witness a programmo of pictures. Mrs. Jones inquired from an attendant for the ladies' room, and proceeded along a dimly-lighted passage' in the direction indicated by the attendant. On opening the door which the plaintiff thought to be the door indicated by the attendant (but which was not in fact the door indicated), the plaintiff fell into an unlighted room, the flooring of which was 2ft Gin below the level of tho passage-way. The company, it was alleged, ought to have known, that it was dangerous for any person' unused to the premises to have access to the room at night. It was asserted that the company was . negligent in allowing the room to be unlighted; in failing to take reasonable precautions to prevent patrons falling into . the room; failing to keep the door of tho room locked and securely fastened; with failing to give proper directions as to the door which would give access to the ladies' room. As a result of the accident the plaintiff suffered severe cerebral concussion and scalp wounds and endured, and still endured, much pain and suffering, and had had to receive hospital, medical, and nursing treatment. As a further result of the accident Mr. Daniel T. Jones had been deprived of the services of his wife in connection with his business as a furniture and toy maker. The xilaintiff, Mrs. Jones, .claimed £.500 general damages and £.125 lls special damages; and Mr: Jones claimed £200 general damages. CASE TOR THE DEFENCE. In the statement of defence, the company admitted that Mrs. Jones asked for direction to the ladies' room,but asserted that the attendant properly directed her, Tho location of the ladies' room was, it was stated, well and sufficiently lighted internally and externally. The company admitted that the room which Mrs. Jones entered, was not the ladies' loom; and denied negligence. It was also asserted that while the plaintiff sustained injuries, the injuries were not so severe, as was claimed by the plaintiff. The company ; maintained that the accident was solely duo to inadvertence on the part of Mrs. Jones, or failure on her part to exercise reasonable care for her own safety. If it were established that | tho accident was due to any negligence, on the part of the company (which was^j denied) the plaintiff contributed to the accident by failure to exercise reasonable care. Further, it was stated that the room in which the accident occurred j was one set apart for tho use of the. theatre, staff, and that the words "The Staff" were painted legibly on the door, which was closed at all times when patrons were using the theatre. Neither oi" the plaintiffs'was''entitled, or invited, to enter the room. In opening tho case, Mr. Mazengarb gave particulars of the accident and stated that Mrs,' Jones assisted liar husband in attending" ciistomer's who came to their furniture ',and' toy shop at Kilbirine*, Owing, to' the- accident and to Mr: Jones's' own illness, the business could not be continued, and the bhop was closed. At this stage of the case, his Honour, • accompanied by counsel, visited tho theatre .and inspected the plaoe where" the' accident occurred. • Evidence on the lines of the statement of claim-.was then heard. • ' , (Proceeding.)