THEATEE ACCIDENT

Evening Post, Issue 122, 26 May 1933, Page 12

THEATEE ACCIDENT

A CLAIM FAILS

The hearing of a claim for damages for injuries sustainedHhrough a fall in a picture theatre was continued in tho Supremo Court yesterday afternoon. The plaintiffs were Samuel Thomas Jones, furniture ' maker, Wellington; and his wife, Mary Jones. Mr. 'O. C. Mazcngarb represented the plaintiffs, and Mr. W. E. Leicester the defendant company, tho proprietors of the De Luxe Theatre. In June of last'year the: plaintiffs attended the theatre to sec a picture, and Mrs. Jones stepped into a darkened room where the floor 'was 2ft Oin below the passage level. Mrs. Jones, suffered concussion and scalp injuries'. The damages claimed amounted to £825 11s. The statements of claim and defence were published in yesterday's "Post." Outlining the case for the defence, Mr. Leicester said that the plaintiffs must show some breach of .usual care on the part of the defendants. In delivering judgment, Mr. Justice MacGrcgor said, although the case was a sad one, he could not find that there was ; negligeiicc on the part of the company.. Ilia Honour said he had seen the place where the accident happened, and iio was satisfied that the arrangements inado were quite sufficient for anyone' using ordinary care to'observe. Judgment was given for the defendant company, with.costs.