THEATRE SEAT REFUSED

New Zealand Herald, Volume LXX, Issue 21560, 3 August 1933, Page 8

THEATRE SEAT REFUSED

A TECHNICAL ASSAULT HINDU GIVEN £lO DAMAGES ADMISSION MONEY REFUNDED [rno.u ouit own correspondent] PUKEKOHE. Wednesday Decision was given by Mr. F. H. licvien, S.M., in the Pukekohe Magistrate's Court to-da.v in the claim brought by a Hindu, Motiram Wallabh (Mr. Foster*, against Auckland Cinemas, Ljmited, and 11. Blennerhasr sett (Mr. Grierson), joint proprietors of the Strand Theatre, Pukekohe, for £2"j damages for assault and return of Is paid for admission to the theatre. At the hearing of the case on July 19, evidence was given that on the evening of March 4. plaintiff attended a picture entertainment theatre. He occupied a seat in the stalls ; having paid Is entrance. .Tust after the pictures had started, the defendant Blennerhassett requested him to move to another seat, stating that the one he was occupying was reserved. Plaintiff's evidence was that the seat was not marked reserved when he took it, although all the others in the row were. He refused to move, and Blennerhassett and a fireman laid hands on him in an attempt to compel him to move. They desisted, but he was refused readmission to the theatre after the interval. Reviewing the evidence, Mr. Levien said that defendants would have been within their rights to have refused to sell plaintiff an admission ticket, but, once they had sold him the ticket, he had the right to enter the theatre, occupy any unreserved seat in the stalls and view the performance. He had to accept plaintiff's evidence that the seat he took was not marked reserved. A technical assault had been committed by the laying of hands on plaintiff. It was difficult to assess the damages, continued the magistrate. He would award plaintiif £lO and order a refund of the Is paid for admission. Plaintiff was also awarded costs, £5 9s.