Parker v. Cushman

Citations

• 195 F. 715
• 117 C.C.A. 71
• 1912 U.S. App. LEXIS 1423

Syllabus

<p>1. Theaters and Shows (§ 6*)—Keepers of Wild Animals.......Duty of Care to Prevent Injuries to Persons.</p> <p>A keeper of wild animals for exhibition is bound to the exercise of a high degree of care to prevent injury by them to persons who attend such exhibitions.</p> <p>[Ed. Note.—For other cases, see Theaters and Shows, Cent. Dig. § 6; Dee. Dig. § 6.*]</p> <p>2, Theaters and Shows (§ (>*)—Injury by Wild Animals—Duty of Cake to Prevent.</p> <p>Plaintiff went to defendant’s wild animal exhibition for the purpose of going home with a friend who was employed as a trainer or exhibitor. At the request of her friend, she was admitted, and while waiting for her friend after the performance a lioness readied through the bars of a cage and seized her by the head, seriously injuring her. Held, that she was not a trespasser, but was lawfully in the placo with defendant’s consent, and that he owed the same degree of care to protect her from injury as to other visitors.</p> <p>[Ed. Note.—For other cases, see Theaters and Shows, Cent. Dig. § 6; Dec. Dig. § 6.*]</p> <p>3. Evidence (§ 204*)—-Admissions.</p> <p>In an action to recover damages for an injury inflicted by a wild animal owned and kept by defendant, statements made by defendant in letters to employes that the injury was due to carelessness were admissible as admissions against interest.</p> <p>[Ed. Note.—For other cases, see Evidence, Cent. Dig. §§ 697, 698; Dec. Dig. § 204.*]</p> <p>4. Theaters and Shows (§ 6*)—Action fob Injuries by Wild Animals— Instructions.</p> <p>In such action, an instruction that, if defendant used such care as was ordinarily used by showmen, plaintiff could not recover, was properly refused.</p> <p>[Ed. Note.—For other cases, see Theaters and Shows, Cent. Dig. § 6; Dee. Dig. § 6.*]</p> <p>5. Theaters and Shows (§ 6*)—Action fob Injuries by Wild Animals— Instructions.</p> <p>Instructions asked as to negligence and contributory negligence in an-action to recover damages for injuries inflicte