The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-12
REPLY IS FILED
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was open and in bad shape and I'M
safe, and scarcely any of said wiring
or electrical equipment complied with
the requirements of the National Elec-
trical Code which is the standard for
safe wiring and equipment of public
buildings of this character; that the
stairways were not properly equipped
with a handwriting and were in such
defective condition that in case of a
panic they would not hold the crowd
or prevent the people from pushing
off; that the main parts were not
kproperly joined by sufficient bolts, and
were in such defective condition that
in case of a large crowd the bolts
would sheer away; that at the top
of the gallery there was a false plat
form not sufficiently braced to carry
any load, and otherwise defective;
that on the south side of said build
| ing, there was a stairway used for an
escape, which was a wooden affair
and had long been defective and in
sufficient to accommodate a crowd in
an emergency as in a fire or panic,
and that said opera house was not
safe, particularly on account of said
defective stairways. fire escapes, plat
form and on account OF said insuffl-
cient and defective wiring; that said
building was further in defective
condition in that the booth used in ex
plotting moving picture scenes and
films was not the standard booth and
was otherwise defective and danger
fous to the life and limb and safety
of such persons as might attend the
entertainments at said theater; that
at the time of the publication of said
articles said theater, Notwithstanding
its defective and dangerous condition
was advertising an entertainment
which would result in a large attend
ance including women and chill
dren, who would be exposed to
the inevitable danger of life and limb,
which lurked in and about said build
ing by reason of said defective, unsafe
and dangerous condition of said opera
house. And defendant further says
that said dangerous and defective con-
dition, at the time of said publication.
was well known to said plaintiff and
had been known to plaintiff for more
than ten days; that Notwithstanding
said notice, which had been given, as
a result of an inspection made more
than ten days before, and said knowl-
edge by said plaintiff, said plaintiff had
failed and refused to correct and repair
said defective and dangerous condi-
lions and was about to open said the
ter to said crowd of men, women and
children, and subject their lives and
limbs to the perils and dangers of said
effectively constructed and dangerous
theater; that said plaintiff, by its of
ficers, agents, servants and employees
not only knew, or should have known,
for weeks before said publication of
! the unsafe and defective condition of
the theater, but that about ten days
: prior to said publication in the pres
ence of the officers, agents and en-
ployees of said Grand Opera House,
| the Department of Labor and Industry
! of the State of Kansas, made an in
spection of said property finding it
grossly defective and dangerous as
hereinbefore set forth, and advised
! said plaintiff. its officers, agents. ser
| wants and employees of said danger
| Gus and defective condition; that said
| defendant, through its reporters, prior
| to the said publications was informed
both by the officers of the Department
of Labor and Industry of the State OF
Kansas and of the Fire Department OF
the city of Topeka that the said thea
tier was in an extremely dangerous and
) defective condition and as they ex-
. pressed it nothing but a fire trap,
: and was liable at any time from its
defective condition, to take fire while
l said opera house was crowded with
: people, resulting in the death or in
, jury of hundreds or perhaps thou
, sands of men, women and children, OF
: the city of Topeka, a fact well known
to this plaintiff and in spite of which
as aforesaid, plaintiff neglected and
carelessly failed and refused to repair
and correct said defective and dan
!, gerous condition, and was about tc
invite the public in large numbers tC
! an advertised entertainment, and sub
ject them to the perils and dangers OF
, fire and panic from said dangerous
! and defective building; that by reason
; of the facts herein set forth the de-
fendent alleges that the publication
l of said articles was privileged and that
Y defendant was justified in their pub
D LEGATION.
!. IV-For a fourth and further de-
license, defendant says that at the time