The record-union., 1892-12-13
DENZER'S INJURIES.
His Suit for Damages Against the
State Fair Directors.
a Jury Impaneled-Motion for a Nom
Suit Denied-Secretary Smith
Testifies.

The suit of Michael Denzer against the
members Of the State Agricultural Society
1or $4,000 damages was commenced be-
fore superior Judge Catlin yesterday.
Denzer is an elderly gentleman. who
occupied a seat on the "bleacher' benches
Just north of the grand stand at Agri-
cultural Park one day during the State
Fair of 1891 when the seats fell. One of
his hips was fractured, and he was laid
up Ior several weeks, as were numerous
others who were injured in the wreck.
An exciting "hoss-race" was in progress
at the time, and the stand was quite
crowded.
1t was decided that jury should pass
upon the merits of the case and the fore
noon of yesterday was taken up in i'm
paneling the necessary twelve. The fol-
lowing named were chosen: Samuel
hlngsbury, Charles Grondona. J. H. Roe.
Joseph Guth, Richmond Davis, George
Sermonet, W. w. White, NJ. Wilson. +.
II. JOY, NJ. Hanrahan. Felicia Gabrielli
and Alex Williams.
Denzer was represented by Clinton L.
White and Charles n. Post, while 4. /.
Haft, Jud {. BruSie and W. II, LAWSON
appeared for the society.
AZ the afternoon session Mr. White
made the opening statement for the
pIalntlt, telling the jury what he ex-
pected to prove. He would show, he
said, that Den2er as well as the public
was invited to the fair, had paid his ad-
mission, and was entitled to a safe seat
where he could witness the races: but
that, instead, he was injured by the col
lapse OF seats that should have been safe.
When Mr.. White had concluded, At
torney LaySOn, on behalf of the defense
moved Tor nonSuit on several grounds
lie said the plaintiff had not set forth
that the defendants were not Directors of
OF the State Agricultural Society. and
that the members were not in duty bound
TO furnish safe seat. Mr.. LAWSON then
proceeded to cite numerous authorities
and consumed considerable time. He
argued that public officers in the
discharge OF their duties are not
that might occur while in the discharge
OF such duties. Not only this, but they
were not liable even for damage occurring
through the fault of any agent or em-
ploye under their direction. Denzer. he
said, should have taken Il seat in the
proper place-in the grand stand. In
stead OF this, however, he occupied an
entirely different stand, one that was
provided for the use of stablemen, rub
bers and other employees.
At the conclusion of Mr.. Layson's ar
gument Judge Catlin denied the motion
and ordered the trial to proceed.
Edwin +. Smith, Secretary of the So
ciety, was called to the witness-stand bv
the plaintiff and testified at length re-
gardlng the identity of the members of
the society; the powers of the society:
how the State allowance and fair receipts
are expended; how much money was on
hand for repairs at the time of the acci-
dent, etc. Mr.. Smith said that none of
the State allowance can be expended for
repairs; that this money, under the law,
must all go for premiums. The society
had no money for repairs prior to the fair,
and the only way any improvements
could be made was with money advanced
by the members of the society.
The case will be resumed to-day.