The Express.
London, England, 1860-04-07 00:00:00

7, 1860.

RESERVED SEATS AT THEATRES.

A question of some interest to playgoers was
decided at the Manchester County Court on Wednesday.
Mr. Abel Harrison, of Stalybridge, brought an action
spinet Mr. John Knowles, the proprietor and manager of
the Manchester Theatre Royal, to recover 15a, the vales
of three reserved neat tickets and the return railway fare of
three persons from Stalybridge.
Mr. Hopwood appeared for the plaintiff, and Mr. Albany
Fonblanque for the defendant.
It appeared that on the 10th of January Mr. Wm. Henry
Harrison, • son of the plaintiff, went to Manchester, in
comequence of an advertisement of the Blue Beard panto-
mime which he had seen in the Manchester Guarchau, and
purchased three reserved seat tickets for the lower circle,
for Thursday, the 12th January. Three paper tickets, and
three ivory checks, with the number of the seat and the
day of the week impressed on them, were given him,
wrapped in • bill of the play. Sufficient particulars having
been found in the advertisement, the playbill appears not
to have been scrutinised. Mr. Abel Harrison and his two
sons went from Stalybridge, on the evening of the 12th of
January, to attend the theatre, and their train Mould have
arrived about 7.15 ; but, owing to mine delay, they did net
reach the theatre until about eight o'clock. They produced
their tickets to the boxkeeper, who told them they were
too late for their seats, the first act of the first piece being
over. On the part of the plaintiff, his two sons stated that
the lower circle was full on their arrival, so that there was
not even standing room ; that their seats were taken ; and
that they were offered • seat in • private box upstairs,
which was already occupied by several persons, and from
which the performances could not be seen. They '
declined to accept this acoommodation and demanded
their money back ; and, upon thin being refused, they re-
turned home. The version on the part of the defendant
was different. Ore witness said that there was room in the
private box, and the performsooes could be seen from it ;
and another said there were six seats, at least, in an
" indifferent" part of the lower circle, near the stage,
choice from which was offered to the plaintiff and his sons,
but was refused. Some letters passed between the plaintiff
and the defendant subsequently, and the latter pointed out
that in the bill it was stated that reserved seata could not
be kept after the Ind act. For the plaintiff it was con-
tended that the advertisement stated " Box-office open
daily from eleven WI two, when seats may to, secured to
the lower circle, 3e. each," nothing being said about any
reservation with regard to the first act. The plaintiff
bought tickets on the faith of the advertisement. It was
absurd to suppose that any person would read through the
playbill from beginning to end, before they reached the
theatre ; but, supposing that had been done, the notice near
the bottom would not have applied to their case. It was
" lower circle, 2s 6.1. ; revered Aeon, 3s. ;" and lower
down, "box-office open daily from eleven till two o'clock,
during which period plains may be obtained for the lower
circle, which are secured till the end of the first act." This,
it was contended, only applied to the 21. 6d. seats, and not
to the reserved seats, for which an additional sixpence was
paid to reserve them ; for, without paying the extra 6d.,
he should expect a seat to be reserved for him according
to that notice, though it might not be any particular seat.
The Judge (Mr. Brandt) said he did not want to stop the
case ; but he thought there was a general understanding—
at all events from the facts of this case it was pretty clear
—that the three specific seats only should be secured until
the end of the find act. Then the only question was
whether the defendant was not bound to find them some
ether places.
Mr. Fonblanque argued that if Mr. Harrison contracted
with Mr. Knowles for the use of the three mate on the night
in question, and broke the rule of the Manchester Theatre
Royal, and of all other theatres, by going after the first
act, he immediately broke also his part of the contract,
which was then at en end as far as Mr. Knowles was con-
cerned. And it being the usage that, after the first act,
reserved seats could not be retained, Mr. Knowles could
not prevent the seats being taken by the public. The public
had then • right to the seats, and it would be to the in-
oonvenienoe of the public, and not Mr. Knowles, if those
seats were retained beyond the first act. If the plaintiff
came after the first act he bad to take his chance as to whe-
ther be got any seat at all. In such • case as the latter
the public had an advantev at the Manchester Theatre
Royal, whit& he (Mr. Fonblanque) did not know they pos-
sessed in any other town, because the piece of ivory, if not
given up, would admit the bearer to the theatre on any
other night ; so that if a seat were reserved a whole night
and never used, and the holder were to conic on any other
night with his piece of ivory, the manager would sustain
the loss of • seat, and the public be inconvenienced.
After hearing the defendant's witnesses, the Judge said
he could not help thinking there was a little anger in the
ease.

Mr. Hopwood said he did not think it had been proved
that any reasonable seat bad been offered to the plaintiff.
Judge—lf there was the 11)1,1110V1 of a seat in the dress
circle it was quite enough. It he does not choose to come
in time for his own seat be must take what remains.

Mr. iHopwood-No
q_ matter whether he sees or not.
The J No ; I think not. I don't take upon myself
to decide t e main point, whether they take a specific seat.
But if there be a seat at all I think it is enough. a
In reply to Mr. Hopwood, who said that only one of the
defendant's witnesses spoke to there being any vacant seats
in the dress circle, the judge said that the plaintiff's wit-
nesses would nut say positively that those seats were nut
offered them.
. . .

-jUigM-0-12-t-wae aocordingly given for the defendant.