Heavy Damages for an "Accident.

Taranaki Herald, Volume L, Issue 11934, 7 April 1902, Page 1

Heavy Damages for an "Accident.

« An~ action in which Wallace Brownlow, actoi'-vocalist, claimed damages from the Sandringham House Company, was recently heard at Melbourne. Plaintiff's case was that on 7th December last he was staying at the Sandringham Coffee Palace, and in consequence of the negligence of a servant leaving unlocked an outer door on the first floor he fell a distance of 14 feet, receiving severe injuries, as compensation for which he claimed £3000. The defendant company pleaded no negligence; that pliantiff was not lawfully using tile passage in which the door is situated; and contributory, negligence, alleging that he was intoxicated when the accident occurred. Wallace Brownlow said he came to Australia in 1896, under engager ment to Mr J. B. Williamson, and had been with him ever since, with the exception of about two years. His • average earnings during the time he was in Mr Williamson's employ were about £25 a week. He arrived from Sydney on 4th December with a guarantee of 45 weeks' employment from"* Mr Williamson. The accident havpened shortly after 10 p.m. on 7th Deceinbor. Witness had occasion to leave his room and go along the passage, and the mishap 1 happened when he was returning to his room. Witness opened the wrong door by mistake, and, stopping through it into space, fell into the yard beneath. Beyond knowing that he turned a handle and opened a door lie remembered nothing about the occurrence. He suffered intense pain next day, and was for a time unconscious. Dr. Jackson strapped up his ribs, and he remained at the coffee palace for nearly a fortnight, being practically unable to leave the place. Then he was a patient in a private hospital for about four weeks. At Christmas time, while still a patient at the hospital, he snng on four different nights at the Exhibition, receiving 40 guineas as his fee. On 4th January he appeared at the Bijou Theatre wjth tne World's Entertainers, but was laid up for a week, and on his reapearance Mr Williamson told him not to sing again until he had thoroughly recovered. On all of those occasions he sang under very great difficulty. Mr Williamson had insisted on paying him his salary from sth February to 25th April. He was now studying a part in San Toy for the Adelaide season. The accident had affected his memory and his voice and he had also been aimcted with slight rißttfqess.