The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-05-02
MUST GUARD THEATREGOERS
COURT UPHOLDS $4,000 YER
DICT AGAINST MANAGER.

Woman Injured When Lantern slide Fell
ms for Performing Company. but
House Manager Is Held Irresponsible.
Justice Kelly in the Supreme Court.
Brooklyn, has denied the motion to set
aside the verdict Of 10000 awarded to
Mrs. Clare F. Thomas in her suit
against John F. Springer, manager OF
the Grand Opera House. Manhattan, for
personal injuries. While the plaintiff
was attending the theatre with her hus-
band. Charles r. Thomas, and seated In
the first balcony. a lantern slide operated
on the upper balcony fell through the
carelessness. as alleged. OF the man oper-
ating 1t and struck her on the head. In
the course Of his extended decision
setting forth the duty OF theatre managers
to their patrons Justice Kelly says:
1 believe the instructions to the jury in the
case were right on the facts testified 10.
The Jury were told that the defendant
theatre proprietor and manager was obliged
TO use reasonable care TO see that his patrons
while occupying the seats TO which he had
assigned them were not injured by things
falling on their heads through instrument
t~alities which he allowed to be operated in
the body OF the theatre during the perform
ance.
This lantern, thro wing the spotlight upon
the stage during the performance OF the
play. was operated In the upper gallery on
the rail, Immediately over the heads OF the
persons seated In the first balcony. 1t
was certainly operated there by permits
sion Of the defendant and with bis knowl-
edge. The performance itself was on the
stage; this lamp was out among the audi
ence. operated by the man Eckstein. who
was in the general employment OF the
defendant as an electrician, but who at
the moment of the accident was working
for the performing company and paid by
the performing 1 think defend
ant, who advertised himself as manager
and proprietor of the theatre. was such
in fact; that he controlled the house and
took part in the production OF the play.
He supplied the music by which the per-
formers danced and sang. he supplied the
light by which the theatre and the stage
were Illuminated; when the necessities OF
the play required 1t his lights were lowered
and the spotlight was thrown upon the
sta &c, and again the ordinary theatre lights
are turned UP and the spotlight disappears.
The musicians. the ushers, the ticket
takers. the men to preserve order were
all a part Of the performance, one part
depended upon the other for the success
of the performance as q whole, and the div!-
sion Of the receipts characterizes the entire
transaction and tho relation of the parties.
l am not deciding that the defendant
would be liable for some une expected or
wanton act on the part Of a performer upon
the stage not TO be anticipated. But when
the owner and manager allows the en-
ployees OF the performing company to go
among the audience to set up or operate
appliances which may injure the persons
who have paid their money TO the mana ger
and who have been assigned TO their seats
in the particular location. who are subject
to the rules and regulations OF the theatre.
with the owners officers 10 to maintain
order, in such case believe that . jury may
mpute NJ negligence to the owner and manage
II accident and injury occur through the
carelessness OF the man manipulating the
think it is q question for the jury whether
he accident should have been anticipated
and whether it was caused by carelessness.
| think this follows from the relation OF the
owner and manager to the performing
and its agents and employees. as
disclosed by the evidence in this case. the
Joint character OF the enterprise and the
performance which was going on. 1t
seems to me that every principle Of pub
lie policy requires such determination.
so far as personal security from acct
by reason Of falling objects within
he theatre or insecurity In the appliances
placed put among the men. women and
attending theatres ID concerned.
appears unreasonable that the injured
party should be relegated to q claim against
travelling theatrical troupe. brought
% the theatre by the owner and manager.
md who may depart overnight to places
unknown or vanish into the empty air.
The motion for a new trial Is denied