New-York daily tribune., 1859-12-23


A CASE OF THEATRICAL LAVA tuit has jas
been decided n Cincinnati which possesses consdera
lie interest precedent in it's line. Mr. A. T. Nor
ton an actor sued John Bates proprietor OF the M
sioDal TbeateI for damages caused By brea,h Of
tract. Mr.. Morton engaged for ieaiing business
for ak months sos per week, but at tho close Of the
ff,b week discharged, ostensibly because he re-
fused part which he deemed out OF hs liue though
on further Information be concluded TO play Il. The
defense set up that he competen, to do leading
business; but tue weight Of testimony was that he
vas up TO the requirements Of tue tbeaer, willing,
careful and az perfect as circumstances would allow.
One Ioiut Of the defense was that be imperfect
In a part Of nearly 500 lines ia The Uaeqdal
Match" which he had but twenty.fOur hours to
study. The testtmony showed considerable diversity
of opinion and no little prejudice and -'eeng. Tie
Court supposed that though the relation tba existed
between the par's made it requisite that the tor hal
often 10 sobn II to great deal Of eonumey from thoss
be endeavored 10 amuse, and the Criticisms of those
who knew Lot, perhaps, how 10 appreciate bis per-
fomance he was nevertheless, not bound to siuk MS
manhoed. The idea of performing le ding character
presupposes that the plaintiff was to be placed in thus
po,i,iop and he cond not be made use of as a con-
modify to fl any other place. lie had right to argue
with the manager in a gen'lemaidy manoer on the
u
should assume hat the actor was violating any right
the assumption would not be regarded in law; bnt
would rather indicate disposition the part Of the
manager or empl yer to carry out preconceived M
tentop, end laying hold of this justification to
rid hnself of a responsibility that had theu justly ex
isted. The whole law on the subject might be stated
in few Worthwhile it was the duty Of him who
was employ ed to perform the best of his ability all
TIE obligations be had assumed also tue upe'a-
tive duty Of the employs er live up to his Obga
tions In case of this kind the ouly grouno the de-
fu6sn, could stand upon that the actor, by con
tinual course Of faulty professional exhibitions, had
rendered bimself unfit 10 retain the place. lt w0ad
be impossible if they spplieO the rule here that
was applied between and man in every other re-
laon Of hie TO suppote that any actor could, at all
times be fully aware Of ali that he il required to d..
1t was clear the mind of the Court that this plaintiff
had performed bis duty to tue extent Of bis contract
1t was taid by witness that he did not tread
the stsge as be ought, by another that he was
faulty IN memory. by another that he had not n
proper conception of the part; bat these were
mere criticisns and what might be regarded as
an imperjection by would probably be estimated d
as a real qualification by another. Critics can not
always ser,e and especially when possibly they were
Influenced by considerations other tban those that
wCud Tree exercise 10 tuCf Jidbhich'
On the other band it proved by an actress OF as
much ability ss any, whose opinion might be regarded
as of the very highest authority Mss Logan, that
this plaintiff was an actor Of merit that she had per-
form ed with him in several theaers in past years, aod
ltbat che regarded him very meri'orous person,
ambitious 10 his professiau, modest, ADD wthal correct
in his department. Mr Langdou, gentleman who
had beeo selected as standard, also gave bin the
highest character a leading Taking The whole
care the Court was satisfied that the uuceremonious
dismissal Of the plaintiff gave him right Of action.
On tte question of danages the Court referred TO the
case Of Costigan sgt. the Mohawk aud Hudson River
Railroad Company, and held that the plaintiff was EN-
ii led to his full salary from the day which he was
dismissed TO the DAY upon which his engagement was
TO terminate and thirty dollars equivalent for his
one third Of the receipts of benefit night The result
was that Mr.. Morton got judgment for $3.50, which
was piomtily paid There some cases in our New
York Courts which have many points in common with
this one.