The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-24
QUESTIONS and ANSWERS
Detailed Replies in Case Crawfords VS..
.MacI1ennan.

MacIennan.
Various attorneys and newspapers
desire to see in print the answers to
certain special questions submitted by
E. d. MeKeever, defendants attorney
in the case just ended, entitled the
Amusement Syndicate Company vs..
Frank P. MacLennan, wherein the
former sued for $4,000 damages on
account of an article published three
years ago referring to the dangerous
condition, at that time. of the Grand
opera house. The verdict was given
by the jury last, Friday favorable to
( the defendant, MacLennan. and
against the plaintiff. the Crawfords.
! Here are a number of these ques-
| tions and answers:
/ Special Questions Asked by Defendant.
At the time of the publications complain
| ed of on April IL. 1916. ta) was the stage
| all open knob AMI clear work; and tbD
| was the wiring to one lamp socket IN the
| toilet on the west side Of the stage -
| through the wood wall without any tube or
| bushing, and in a dangerous condition?
Ans.-ta) Yes. fb) Yes.
| Was there when the articles complained
! of were published. a dangerous and insuffi-
cient telephone wire used for splicing pur-
inflammable material, with dangerous loose
joints at each end:
| AnS.-1eS.
bad shape. aud no way for the stage cleo
| trician to tell which was which?
Ans.-According to the inspectors report
Were the dressing all open work
and in bad shape?
| Ans.-Yes.
Were the overhead border lights, except
| the front or east one, standard!
| Ans.-Yes, according to code at that
time.
Was the auditorium part of the house
in open wiring and in bad shape?
Ans.-Aecording to the inspector it was.
/. Did the wiring in said house comply with
the National Code?
Ans.-NO.
Were parts of the main supports Joined
on the escape by y inch bolts through the
support and strlnger of the escape. which
off?
Ans-Don't know.
platform which was insecurity braced and
not sufficiently braced to carry a load!
| Ans.-Yes.
Was the stairway leading from the bal
cony on the south side of the building a
wooden stairway; and was the platform
ut the bottom of said stairway about five
feet by thirty feet in size, which platform
at the west end was insecurity protected
and which at the east end had no means
of egress except narrow rs inch stair
row row extension Of, the Platform. which in a
panic would permit the crowd to fall
headlong into the narrow stairway or of
|
street below, about seven feet?
| Ans.-Yes
7 Was said opera house, at the time of the
publication of said articles complained of
classified and considered by insurance men
Il hazardous risk?
Were the notices published in the To
peka State Journal on April II, 1916, yer,
batim. the exact notices that were Garved
upon the plaintiff or his officers man.
ayers by the labor commissioner of the
state of Kansas, and by the electrical in
, spectator of the city of Topeka, Kansas?
Were the statements in said notices sub
stantially true?
If you find that said statements were
substantially true, was it not the right
said notices and give public notice of the
. Information contained in the same?
On April 10, 1915. and for a long time
prior thereto, was there used in said op-
era house by the plaintiff, highly dan
gerous and defective moving picture booth
Prior to the publications of said articles
, had the personal relations of the Craw
fords and the defendant been of a friendly
character, outside of business differences
unaccomn panied by malice or ill-will?
: SAM SAGE. Foreman.
The instructions of Judge Rober
D. Carver of the district court Of
Shawnee county have been regarded az
exceedingly clear and pointed.
The substance of these instruction:
i was given in this paper on the day the
+ case went to the jury and a number OF
people have expressed wish to SCI
these instructions in full. If there is 6
, general desire that these instruction,
: be printed, the State journal will prin
y them. if requested, some day the latter
/ part of this week.
TOPEKA TAkEc u0N0Pe