INJURED IN A THEATRE.

New Zealand Herald, Volume XLVIII, Issue 14691, 27 May 1911, Page 7

INJURED IN A THEATRE.

A FALL DOWN STEPS,

CLAIM FOR DAMAGES FAILS.

[by telegraph.— press association.']

Wellington, Friday. A recent incident at His Majesty's Theatre, Courtenay Place, was investigated in the Supreme Court to-day. The case wag heard by His Honor the Chief Justice (Sir Robert Stout) and a jury of four. Mrs. Elizabeth Walsh attended the theatre one evening, and fell over in walking to a seat, and she claimed £114 10s as damages. The proprietors! Messrs. Fuller and Sons, said that the lady did not look where she was going. >• The plaintiff, a widow and boarding-house-keeper, said that owing to the defendants failing to sufficiently light their theatre she suffered injury. Certain steps in the passage from the door of the gallery to the side were dangerous and unsafe. On the evening of February 3 last she was passing along the passage to occupy a seat at the side of the gallery, and did not see tho steps. She fell down. and became permanently disabled. She had been prevented for six weeks from attending to her occupation, and had incurred medical expenses. The steps were unguarded, and the firm's servant invited her to walk along the passage. The small bone in her left arm was broken, and her left shoulder was dislocated. She was still unable to raise her arm above the shoulder.

The negligence was denied by the defendants, and they also denied that the theatre was not sufficiently lighted, or that the steps were rendered dangerous and unsafe. They denied that the plaintiff could not and did not see the steps. They were constantly used, and plainly visible. The plaintiff did not look where she was going, and did not exercise ordinary care. Other persons went there without injury.'' After hearing evidence the jury returned a verdict for the defendants without retiring.

The defendants' counsel then stated that Messrs. Fuller and Sons had always sympathised with the plaintiff, and had offered to pay her expenses.

His Honor: That is a very generous ofTer. It is perfectly plain to me that even without light it is a person's duty to look out for steps.

Costs on the lowest scale were allowed.