AMUSING CASE

Evening Star, Issue 18044, 11 August 1922, Page 6

AMUSING CASE

A “CHAMBER OP HORRORS" ACCIDENT. MADAME TUSSAUD’S IN COURT. The humor of the proceedings seemed to be most evident to Mr Justice Darling and learned 1 counsel when the proprietors of Madam© Tussaud’s Exhibition were the defendants in a recent, action which was brought by Mrs Annie Elizabeth Stone, boarding-house keeper. Richmond, to recover damages for lupines she haci received when visiting the Napoleon rooms in the exhibition. The defendants denied liability for the accident, which, they said, was caused by the plaintiffs own negligence. Mr Martin O'Connor and Mr J. P. Rutherford appeared fur the plaintih. and Mr Barvington-Ward. K.C., and Mr 11, B. Wells for the defendants. •

I Mr Rutherford, in opening the case, said that {ho plaintiff was a. widow. On September 1 last, about 6 o’clock in the evening, she was visiting with some friends the exhibition at Bakov .street, and was walking round the smaller of the two Napoleon rooms when her sister drew her attention to an “apotheosis’’ of Napoleon in terra-cotta relief which was hanging on one of the walls. She was looking at the picture when, in stepping backward, she fell down a flight of stone steps leading to the “Chamber of Horrors.' Ihe place where the accident happened was badly lighted, and there was no notice giving warning of the trap. Counsel said that the _ flight of steps down which the plaintiff fell eras not the public staircase down to the “ Chamber of Horrors”; it appeared to be an exit. His Lordship : Perhaps it was the way by which the horrors themselves were accustomed to enter the chamber. (Laughter.) Mr Rutherford said that tho picture of Napoleon was shown on the plan, produced ; it represented Napoleon very flat. His Lordship : I suppose I ought, to remember it. but it was nearly a hundred years ago when I was there. (Laughter.) Counsel submitted that the picture being on the wall was an invitation to the public to inspect it. Mr Barrington-Ward, on behalf of the defendants, produced a. model of the Napoleon Room and the staircase, fitted with electric lamps. This was placed by tho side of His Lordship on the Bench. His Lordship (to Mr Barrington-Ward): You don’t say that Napoleon lias to he regarded as a horrid example for people to get as far away from ns they possibly can? (Laughter.) Mr Barrington-Ward : Oh, no. Tho plaintiff gave evidence. Eaxmined by Mr O'Connor, she said that she was looking at the picture when she fell, and she remembered nothing more. His Lordship: Had you ever been there before?—No. Counsel: What caused you to fall?—I missed my footing on the first step. His Lordship said that he had a vague impression that on the way to the “ Chamber of Horrors" there were people standing about of whom visitors could ask whether that was tho way to “ the Horrors ” ; and they turned out to be was figures. Mr Barrington-Ward said that he thought that was so. The plaintiff added that it was a dull day when she had the fall. She was taken to "Charing Cross Hospital, but they had no vacanFbed, and after a wound on her head had'been dressed she went to her sister’s house, and stayed there for a fortnight before returning home. As a result of her injuries she was unable to attend to her boarders, and they left. Cross-examined by Mr Barrington-Ward, the plaintiff said that in the large hall at the exhibiton, where the Royal Family and Mr Lloyd George were, it was verylight. Counsel : Was Mr Lloyd George with Napoleon ? His Lordship : Ho was with the Royal Family.

The' plaintiff .said that they switched the lights on, so as to put more light on to Mr Lloyd George. His Lordship; And she cannot say why they did it. (Laughter.) To the plaintiff : Mr Lloyd Goorgo had nothing to do with your falling downstairs? ( The Plaintiff: Oh, no. (Laughter.) His Lordship: So much is put down to him. (Laughter.) Mr Bardngton-Ward: You had left his

company-, and were on your way to the I Chamber of Horrors? —las. ! Would it surprise you to leam that ■ Madamo Tussaud’s have never had an accident there before? —Very likely 7 not. You yero not looking where you were going?—l was looking up at the picture of ; Napoleon. His Lordship (to counsel): Did not Lord Chief Justice Coleridge lay it down that you are entitled to walk along the streets ; looking at the stars, and that if a trap is laid the one who lays it is responsible?

Mr Barrington-Ward said that tho rases were dissimilar; here there was no trap. The plaintiff said that she revisited the exhibition one morning two months after the accident, and all tho lights were then on. Tim staircase was then quite obvious, and she thought it very odd. His Lordship said that the case would all turn on the question whether the lights were on when the plaintiff foil. No one oonld say that this thing in itself was dangerous, but it might be so in the dark. Mr Barrington-Ward said that ho had abundant evidence that tho lights were on. .Mrs Emma Morris, the plaintiff’s sister, said that just before the accident she was looking at two little babies in a. glass case.

His Lordship: What! Oh, they were wax, I suppose. (Laughter.) Tho witness replied in the affirmative. She said that after the accident ihe lights were turned on.

His Lordship ; Was the room dark?—Yes, your Worship. (Laughter.) If it. was dark, how did you see the babies?—There was light, from the top. Miss Louisa Colton, the third member of ihe party, also said that there was no light, until after tho accident.

I EVIDENCE FOR. THE DEFENCE. | Alfred' George Hen ton, electrician at ; Madame Tussaud's for twenty-seven years, ■ said that every morning at 9 o’clock all | Iho year round the lights in tho exhibition I were switched o.i, and the switch box j was then kept locked till the place closed Sat night. Only the fireman and ho had 1 a key to tho box. A 100-watt 200 candlepower light, as well as other lights, were : kept burning over the staircase down j which the plaintiff fell.

His Lordship : Does not the daylight got in?—Yes; but the figures look better by artificial light, and that is why all ’the electric lamps are kept on, summer and winter. A sergeant in the Corps of Commissionaires, employed by the defendants, said that lie was in tho Napoleon rooms when the accident happened, and all the lights were on. He had never known them to bo out. Tho witness was somewhat confused in some of his answers as to how and where tho lights were turned on. His Lordship: 1 really think ho must have been one of tho Light Brigade at Balaclava. (Laughter.) To the witness: In which room is Mr Lloyd George? The 'Witness; Tho Grand Hall.

His Lordship (to Mr Barrington-Ward) : You are not calling anyone from the “Chamber of Horrors”?

Counsel: No; I am not sure that the subpoena runs there, my Lord (Laughter. )

James Low, senior fireman in tho defendants’ service for forty years, corroborated tho evidence of tho witness Henton. He said that tho lights were always on between 10 a.m. and 10 p.ra,, and no ono altered them after the accident.

His Lordship said that the plaintiff had pleaded not only negligence on the part of the defendants, but that the place where the accident happened was unsafe and something in tho nature of a trap. Tho ease really turned on the question whether the lights in the small Napoleon room wore burning or noU They were electric lights, and he was perfectly satisfied that tiic system was that, for tho sake of the waxworks, the lights were kept going ail tho while tho public wore ia the 'exhibition, and that they were so burning: at tho time of the accident. There would he judgment for the defendants, with costs,