DAMAGES CLAIMED.

Star (Christchurch), Issue 17171, 15 October 1923, Page 1

DAMAGES CLAIMED.

ACCIDENT IN GRAND THEATRE. MOVIE PATRON SUES PICTURE COMPANY. An accident t-o a patron in the Grand Theatre on May 23 last resulted in a claim for damages before his Honor Mr Justice Sim and a jury of twelve in the Supreme Court to-day. Robert Eagle, 56, Bedford Street, Belfast, labourer, sued the New Zea land Picture Supplies, Limited, for £750. In his statement of claim he set out that, during a session in the theatre, he opened a door leading front a passage used by the public, with the intention of malting use of the convenience usually provided for the public in picture theatres. He fell down a flight of steps, and sustained severe injuries, resulting in shock, impaired health, permanent loss of one eye, and permanent injury to his legs. He claimed that the company was negligent in leaving the door unlocked, ap parently for the use of the public, with no warning or intimation that it

was not for puolic use, and that the door-way and steps were dangerous. He also claimed that the company was negligent generally in not taking proper precautions to prived for the safety of its patrons from that danger, and that it agreed and warranted to him per precautions to provide for the safety of patrons were taken, when proper measures were not taken to protect him from the danger mentioned. He claimed £SO special damages for loss of wages and expenses of treatment, ami £7OO general damages. The company gave a general denial

to Eagle’s statements, ft denied that any doors, except the ordinary exit ones, were left unlocked. If Eagle fell and sustained injuries it was further claimed by the company, they were caused by his own negligence, and that he was in a state of intoxication in the theatre, and trespassed and en tered a room which obviously was not intended for use by patrons, and which presented no danger to sober men.

Mr F. S. Wildi.ng appeared for plain, tiff. and Mr Alpers. with him Mr P. P. J. Amodeo, for defenant.-

Mr \\ ilding said that the accident happened in the afternoon. Eagle sat down in the stalls, and dozed in the seat. He got up. saw a door in the corner, opened it. and fell into a pit from seven to ten feet deep, used as an emergency storeroom for machinery.

The company had not taken proper precautions. The door opened from the theatre, and bore no notice that : t should not be used by patrons. In that respect, there was a breach of the bvlaws. There was a key in the door, but it was not locked. If an attendant had beer, there, the accident would not have happened, hut even that precaution was not taken. Eagle, although he had had one or two drinks during the afternoon, was absolutely sober when he entered the theatre. It was

the duty of proprietors of pictun theatres to protect all patrons, whethe they were children, smart and activi

adults, people who were dull, even, per haps, people who had taken some re 'fresh merit.

Plaintiff said that he had had nothing that day to make him drunk, although ho had had a few drinks. The corner was very dark. Mr Robertson, manager of the theatre, took him out of the pit and sent hitn to the hospital. He had not been able to work since the accident. The Hospital Board had billed him for £6 Bs. He had been slaughterman’s assistant in the freezing works. To Mr Alpers: He was put off the hoard lief ore the accident. He was sixtv-four years of age. and his work had been irregular. He earned about £3 » a week when employed. Tn the off season, he went into the country. He was fined 5s in the Magistrate’s j Court in the morning, and had a few beers in the afternoon. He might have had four mediums. He had no dinner that day. Then you had four beers on an empty stomach ? Yes. T don’t think that was good for you You should take your drinks with your meals. Did yon not go in to get a wav from the horrid police, and have a, rest, and sleep it off P— No. Do you go to sleep often?— Tt is a common thing for me to fall asleep. (CONTINUED ON PAGE 7.)