The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-05-12
REPLY IS FILED
Topeka State Journal Files An.
swer in Court Today
To Suit for $4,000 Brought by
l.. NJ. Crawford
On Account Articles on Danger
at Grand Opera.

", II.
Keever. today files his answer in the
suit brought by L. NJ. Crawford against
Mr.. Mac Lehman in the attempt to
secure $4,000 alleged damages to the
Amusement Syndicate company by
reason of publications in the State
Journal charging that the Grand opera
house of this city is in a dangerous
condition for the uses to which it has
been put, namely. public entertain
ments.
The answer follows:
In the District Court of Shawnee
county, Kansas
The Amusement Syndicate company,
corporation, plaintiff, VS.. Frank P.
Mac Lehman, defendant. 30103.
ANSWER.
Comes now the above named de-
fendant and,
DENIES each and every allegation
in PLAINTIFFS petition, except such are
hereinafter specifically admitted.
u-For a second and further de-
fense defendant says that the several
articles alleged in plaintiffs petition,
were published by him in the Topeka
State Journal, in good faith and with
out malice and for the purpose of in
forming the people in and about the
| city of Topeka, in which city the said
| Topeka State Journal principally cir
culates, as to the dangerous and peril
Gus condition of the Grand opera
| house located on Jackson street, in the
| said city of Topeka, Kansas; that said
newspaper, the Topeka State Journal,
| is the only afternoon and evening pa
per published in the city of Topeka,
and that it is the privilege and right,
and the duty, of said newspaper to
keep the public and its subscribers of
the city of Topeka informed as to all
matters of public interest and to ad-
wise them of all news or information
| of public nature affecting the health
safety. prosperity or general welfare
of the said people of the city of To-
peka, and the readers of said news
papers; that the Grand opera house
4 aforesaid, IL and for many years has
been a public playhouse employed
solely for the purpose of exhibiting
to the general public and particularly
to the people of the city of Topeka
and the subscribers of said newspa-
per, various plays, shows, moving pic
ture entertainments and other enter
tainments for the amusement and
i pleasure, and instruction of the public;
that said Grand opera house has for
many years been SO employed by said
plaintiff and operated for profit the
| income and profit of the same depend
ing upon the patronage of the general
public. and particularly of the people of
the city of Topeka; that in maintain
ing said opera house, it is and at all
times has been the duty of the plain
tiff to keep the same in a secure and
safe condition and to use the highest
degree of care to protect its patrons
from danger from fire, panic or other
casualties, incident to place where
large crowds of people congregate fol-
public entertainment; that the articles
SO published furnished information to
which the public, and particularly the
people of the city of Topeka were en-
titled and were vitally interested. and
which it was the duty and right OF
this defendant to publish, concerning
the safety and security of said Grand
opera house as a place of entertain
ment, and the defendant alleges that
under the circumstances aforesaid the
publication of said articles was privi-
legged and that the said defendant was
and is justified in their publication.
III-For a third and further de-
: AtHse, delenOdnI says that at the time
OF said publication said plaintiff here
in was, as defendant was advised and
is still advised. owner and operator
of said Grand Opera House: that the
said Grand Opera House was the only
opera house of its size and chara ctel
in the city of Topeka, Kansas: that IL
contained a large auditorium and sew
eral galleries and boxes for the pur.
pose of seating and accommodating
the general public, at the entertain
lInPntS hy, cai lot
many times has been and was ther
liable to be filled to its capacity, with
people of all ages including many
women and children. who gathered il
. it totally ignorant of its condition, and
believing and having the right to as
sumo, that 1t was in a safe and Sc.
cure condition; that in order to prop.
erly equip said opera house for the
entertainments to be given. it was nee
essary that said opera house be wired
for electricity, and 1t had becomt
theretofore necessary to equip sait
opera house with certain box stall
or booth, for projecting moving pic
lures onto the curtain in said theater
that in said box stall a certain NOV
ing picture machine was installed. il
) the operation of which highly inflam
mable and dangerous currents of eIec
; tricity were employed: that certain
fire escapes are and were necessar r,
for the safety of the patrons of sale
theater and required by the laws o
; .the state of Kansas, and the ordi
, nances of the city of Topeka: tina
: prior to the publication of said ar
. ticles said plaintiff had negligent,
and carelessly permitted said fire es
capes to become defective and tn
! electric wiring to get out of repair
and become perilous to the safety o
said opera house SO that there wa
serious danger of fire breaking ou
while said opera house was occupie,
causing death or injury to the patron
of said thcater: that in addition t
said defective and dangerous condition
: of the fire escapes and electric wir
, ing the dressing rooms were in ba,
{. shape and badly protected from fire
2 the overhead board lights were d N
8 gerous and defective. the wiring o
/ the auditorium of said opera hous