On This Day, 1 March 1917

Birmingham Daily Post

Thursday 1 March 1917

REFUSED TO UNDERSTUDY MISS DOROTHY WARD.

ACTRESS’S SUCCESSFUL SUIT AGAINST MOSS EMPIRES

The hearing was concluded, in the King Bench Division yesterday, before Mr. Justice Shearman and a common jury, of the action by Miss Dorothy Waring against Moss Empires (Limited), for alleged wrongful dismissal. After appearing in the Hippodrome revues, “Joyland” and “Flying Colours,” Miss Waring, who said she had been engaged as a principal, refused to ‘stand by’ as understudy for Miss Dorothy Ward. The management, in such circumstances, said they were entitled to terminate her contract.

Further evidence supporting the plaintiff’s case was given by Mr. Gerald du Maurier, who said an actress engaged for important principal part’ could not reasonably be called upon stand by” as an understudy. Miss Waring’s agent (Mr. H. Norris) also stated that after being engaged as principal, Miss Waring could not have stood by” as an understudy without injuring her reputation.

Mr. Vachell (for defendants): Revues are modern things?— Yes.

Counsel: They chiefly consist of a display—of what cannot say because I not know—don’t they? (Laughter.)

Witness: Yes, and comedy scenes.

No witnesses were called for the defence.

Mr. Vachell called attention to the terms of the contract, under which, he said, Miss Waring agreed perform to the best of her ability at the Hippodrome or any other West End hall exactly as the management might desire. She was being paid £30 a week, and counsel maintained that it was not unreasonable to ask her to “stand by” as an understudy. The jury eventually awarded Miss Waring £135 damages, and judgement was entered accordingly, with costs.