McComas
McComas v. Al. G. Barnes Shows Co.
Opinion
Lead Opinion
Curtis, J.
Action to recover damages for personal injuries sustained by the plaintiff by reason of the negligence of the defendant, Alliance Investment Company. The plaintiff was employed by the Wm. Fox Studio as an actress to ride an elephant which was used in connection with the filming of a certain moving picture which the Wm. Fox Studio was then engaged in making. The defendant, the Alliance Investment Company, was the owner of the elephant and its equipment, and on the day in question the Wm. Fox Studio hired the elephant, its equipment, and an attendant, or trainer of the elephant, from the Alliance Investment Company, for the use of which in the making of said picture the Wm. Fox Studio paid the Alliance Investment Company the sum of $115. This sum was to and did include the wages of said trainer. At about 5 o’clock P. M. on the day agreed upon, the elephant, with its equipment and its trainer, was brought in a truck to the place where the picture was being made. The trainer then prepared the elephant for the plaintiff to ride thereon by placing a chair, called a howdah, on the back of the elephant and by strapping girths under and around the body of the elephant. After the howdah was…