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TRIPPING IN DARKENED THEATRE, ETC.
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duty to make proper inspections of his premises, and it is for the jury to say whether such inspections were made a sufficient length of time before to have enabled him to repair the premises.39
The violation of a statute or ordinance by the proprietor renders him prima facie liable; and a failure to build inclines as required was held to be the proximate cause of the injury.40
39 Dalton v. Hooper (1914), 168 S. W. (Tex.) 84. Plaintiff, while descending a stairway in a theatre, caught her foot on a projecting metal strip, and sustained injuries. Held, that while defendants were not insurers, yet they owed the duty of exercising reasonable care.
“It is their duty to make proper inspections to see that the place is in proper condition to avoid injury. In this case there was proof to show inspection, and whether the projecting metal strip that caused appellee to fall was known to be in that condition, or should have been known to appellants by reasonable care, a sufficient length of time before the accident to have been repaired by appellants, was a question for the jury’s determination.”
Valentine Co. v. Sloan, 53 Ind. App. 69, 101 N. E. 102. Plaintiff, while attempting to descend an aisle in the theatre, tripped
and fell. The light provided was not sufficient for her to distinguish the uneven steps, and she was quite unfamiliar with their condition. Held, that there was no such thing here as assumption of risk.
“One who conducts a theatre for reward or profit, to which the general public are invited to attend performance^, must use ordinary and reasonable care to make the premises as reasonably safe as is consistent with the practical operation of the same.”
Nephler v. Woodward (1906), 200 Mo. 179; 98 S. W. 488. Plaintiff, a patron of defendants’ theatre while passing down one of the aisles to her seat fell, her foot having caught in a hole in the carpet. Held, that jury could find that defendants failed to use the proper care required of them to protect their patrons, and judgment entered on verdict of jury was affirmed.
40 Ewing v. Chase (1911), 37