New-York tribune., 1900-12-30
OF THE PLAYGOER.
THEY SEEM TO BE oVERsHADowED
HERE BY THOSE OF THE MANA
GER OF THE THEATRE


ger u a certain theatre in that city was Obliged
20 pay & damages 10 each OF a party Of four
because the seats which they had booked were
already occupied when the party arrived. These
three women and their escort insisted that the
wrongful occupants OF their seats should be
elected the usurpers refused 10 move and the
management refused 20 apply force. The judge
OF the Westminster County Court remarked. in
giving his decision. that that kind of thing
Was very annoying"
There can be no doubt as to the truth OF this
general statement 1t needed not the opinion
Of a learned Judge 10 convince the public that
when one has gone 10 the trouble and expense Of
selecting and buying certain seats for particu-
lar performance, putting OF other engagements.
perhaps hurrying over dinner, and making a
long journey by surface car or elevated the
failure OF a manager or his employees 10 deliver
the goods contracted and paid for must be a
severe trial 10 the best disciplined temper. That
-tlat kind OF thing" viii not often happen is.
happily FOR the drama, fairly guaranteed by the
anxiety Of every manager TO preserve the good
name OF his house for the sake Of its financial
value But beyond this there is the legal ques-
tioI- IS q theatre ticket with its coupon dOcu-
Ipsnt strictly binding the manager who issues
II 10 protect its holder in the occupation Of
certain seat for a certain specified time? The
inclined 10 insist upon his legal rights and enjoy
commodity al the more when he knows that
he can. il necessary. enlist the strong arm of
the law 10 compel its due delivery. In this
state. at least il appears that the buyer of
theatre tickets is in such fortunate position.
According 10 A. H. Kaffenburgh, a member of
the firm OF Howe G. Hummel, and one OF the
foremost authorities in this city the law as
il applies TO theatres, the ticket holders at any
performance hold their seats virtually by suffer
ance,
"A mans house is his castle" says Mr.. Kaf-
fguburgh. "A managers theatre is his home
and he can eject any from il whenever he
pleases and without giving any reason. IL
would be quite enough il the manager did not
like your looks. The fact that you have bought
q ticket makes no difference, except that if you
are turned out Of the house or turned out of
your seat the box Office is obliged TO refund the
cost Il your ticket. The coupon does give you a
Fight TO the seat indicated il so far as this,
that Il your coupon calls for A s. say, the usher
cannot make you sit in A 9; you can insist on
having A g. OF leave the theatre and make
them give you back your money"
In the OF the London theatre, the judg-
msnt for Fl each given to the plaintiffs was
Supposed by the newspaper commentators TO in
clude damages for Expenses incurred in going
10 and from the theatre" as well as "a trihe by
way OF general damages for the inconvenience
sustained" 1t seems that in New-York il would
have been difficult, if not impossible, 10 obtain
any such damages. Damages, 10 be considered
by a court OF law" says Mr.. Kaffenburgh.
"must be actual not prOblematical The plain
tin could not prove that he had lost anything
h. could make money out Of His time would
not have been spent earning money if the con-
tract had been fulfilled, and he has not suffered
in bodily health, or even sustained any (bodily)
anguish. When you see mental anguish men
TONED in a suit, that is not one of the cOnsia-
erations on which damages are actually award
cd, though the phrase is customary"
ii appears then that the contract between
the manager Of a theatre and his patron is con-
di,ional upon the acceptabity Of the latter TO
the former For value received the manager
coupon TO occupy the seat specified during the
Specified performance, provided that the said
holder shall not prove in any way objectionable.
When the time comes the coupon holder may
prove Objectionable ia any of several ways. He
may, in this London case, threaten TO make
a disturbance because his has been
r0leously given TO some one else. Or he may
turn out 10 be a Doctor Fell, whom the mana
ger for reasons Of his own, does not like,
was the case when the manager Of the leading
theatre in a certain large city refused through
out one whole season TO admit any one whom