The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-14
Lion TkM.R SUIT ENDS.
Mrs. James Withdraws 1t just Before
1t Reaches the Jury.

Mrs. Ethel James, who aspired to be
lion tanner, after twelve years as a
telegraph operator, withdrew her suit
for $4,000 brought against c. w. Par
ker, the Parker Amusement company,
Harley Tyler, Roy Dreamer. Jerry
Barnes, DOllie Barnes and Al G. Barnes
| because she was chewed up by lions
while performing with the animals in
a show attached to the Parker Amuse-
| ment company.
Defeat was staring her in the face
was only the hasty interposition of the
attorneys for Mrs. James that kept
Judge John Pollock from instructing
the jury to bring in a verdict against
| the plaintiff.
After both sides had rested Judge
Pollock made a summary Of the evil
dence which had been brought out in
the testimony and indicated clearly
that he thought whatever blame at
tached to the accident was upon the
shoulders of Mrs. James herself. After
making brief remarks along this line
he turned to give his instructions to
the jury. A hasty consultation ensued
among the attorneys for the pla1nt1n
and then James w. Orr, one of the at
to-neys, arose and asked permission OF
the court to withdraw the suit. This
was granted over the objections OF the
opposing counsel after suitable bond
had been offered.
The suit will now probably be brought
in the state court where If the plafnt1n
resides outside of the state the max
imum amount of the recovery that can
be secured in a suit Of this nature is
81 900. Mrs James has resided in To-
peka three months and it is possible
for that matter after suitable elapse
of time for her to declare herSen
resident of this state In this event
she would be able to ask for any
amount she might please in bringing
suit.
AS in a great many law suits both
sides were confident Of victory and so
expressed themselves without reserva-
ton shortly before the case came 10
conclusion.
A case such as Is met with but
once in a lifetime was the opinion that
Judge Pollock expressed of the unusual
features which attached to the suit.
This is of course in many respects
most singular case. Probably such
case as would not be met with put
once in q lifetime" said he. here IS
the complainant who was very serious
w injured; that is not disputed. She
was seriously injured in hazardous
profession. The cause that induces
the holding of such performances as
these is the desire of the people to see
a person, particularly woman, placed
in s11ch a position 1t is by reason of
the spectacle of a woman in cage OF
lions, that the animals are considered
dangerous, that attract men, women
and children. If it had been sheep or
some equally tame and domestic animal
there would have been no attraction in
the performance.
''It is true that when one enters on q
service that is hazardous they take all
the responsibility of such hazards. MY
Judgment is on the matter of the con-
tract between c. w. Parker and
Dreamer and Tyler, when taking IN
connection all of the facts, was tease:
c. w Parker was the manufacturer OF
the equipment of shows. He does not
pretend to operate a show but ne
makes contracts to furnish equipment
to those who operate shows. Parker Is
TOO far removed from this case. This
woman did not accept employment from
him She did not accept employment
with the animal show with the under
standing that Parker was to COM
pensate her. Her employment was with
Jerry Barnes and Al G. Barnes Com
ing down to Tyler and Dreamer they
are in charge of the equipment. 90
not think that the relation of these par
ties as the plaintiff contends. Creamer
and Tyler made a contract with Jerry
Barnes to bring this lot into the aggre-
CATION She could not have held them
for COMPENSATION. Now as far as the
Parker Amusement company is con-
cerned there is of course no such per-
son 1t was Just a convenient name
used to advertise these aggregation OF
shows"
Judge Pollock then stated that Mrs.
James had apparently stood four or f1ve
feet from the cage door and beyond |
calling out that she wanted to get out |
Of .he cagetha she made no move to |
escape eff there was any evidence to |
wouldn't question her complaint a |
minute But she relied on herself; she |
simply took the risk on herself