The Portland daily press., 1876-04-25
superior COurt.

APRIL CIVIL TERM, 1876--sYMoNDs, j., PRE-
SIDING.
MoNDAY.-In the case Of Cunningham VS.. Nc
Quade to recover five thousand dollars for personal
INJURIES sustained by of collision between
wagon upon which plaintiff was passenger and the
defendants jigger the jury rendered verdict for
the plaintiff for $3.50.
Putnam for plaintiff.
Strout g. Holmes for defendant.
The case of John Sutherland versus 1. T. Wyer and
james A. Arnold. an action on breach of contract
to recover $500 salary, was called.
The plaintiff says he made contract with the de-
fendants through the theatrical agency of Simmons
& Wall, of New York, to play in the Portland Mus
cum, as first old man, for $35 week. He played as
agreed until December 9th, 1875, when the whole
company called to the business office and were
there informed by Mr.. wyer that business was dull
that he bad lost great deal of money and he found
it necessary to reduce salaries onethird, and that
those unwilling to accept the terms would receive
full salary for that week and be discharged. There
upon Sutherland, Curtis and Norris refused to ac-
cept the cuts," and discharged on the 9th OF
December. Complainant did play, however, until
the 10th Of January, at full salary, week after his
discharge. While playing in "Eileen Oge," he was
requested by the stage manager to return his part
He then went to New York and got an engagement
at Booths for eight weeks from February 14th, at
1926 week, in character parts.
The defence was, that the contracts between the
actors and the management provide that the actors
shall conform to the rules and regulations of the
theatre, and that among the rules the management
the right to discharge any actors who proved
incompetent to fill the parts for which they are en-
gagged.
For the plaintiff appeared himself, Mr.. Curtis, Mr.,
Snyder and MIR. Norris as witnesses They testified,
that in their opinion Mr.. Sutherland was up to the
position Of first old man, and had good reputation
In that line in the profession. Also to the CONVERSE
ton between the manager and Mr.. Sutherland re-
lating to his discharge.
For the defence, Mr. G. T. Ulmer, who succeeded
Mr.. Sutherland as first old man, and Alonzo Page,
stage carpenter, were introduced. Mr.. Ulmer said
he engaged first old man. but that he was playing
any part to accommodate and that he did not con-
slider Mr.. Sutherland competent for first old man.
Mr.. Page testified to Mr.. Sutherland's lack of COM
potency, in his opinion.
1T. Wyer, the defendant. denied that he told the
company that those who did not accept the reduction
would be discharged. He says he discharged Suth-
erland because he was incompetent for the part he
engaged fo that he discovered soon after the
opened that Sutherland's appearance, makeup and
voice were against him old man; that he Meth
er looked, talked nor acted like an old man.
Hale Tor plaintiff
Howard & Cleaves for defendant.
Members Of the bar are requested to take notice
that the assignment of court cases for this term will
be made from half past nine to ten this Tuesday
morning, and that this term will be the last opportu-
nifty to try court cases before the session of the law
court