Novelty Theater Co. v. Whitcomb

The action is to recover damages for personal injuries sustained under these circumstances and conditions: ' The plaintiff below, appellee here, Lottie Whitcomb, with her husband, were employed to perform as actors by The Novelty Theater Company, appellant here, defendant below, in the city of Pueblo at the Empire theater, for the week ending April 3, 1904. The act which the plaintiff and her husband presented consisted in the imitation by them of the action and noises of certain barnyard fowls, as the rooster and hen, interspersed with singing and dancing. A portion of the fifth paragraph of…