The law of motion pictures (1918)

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310 THE LAW OF MOTION PICTURES In Micheltree v. Stair 41 the proprietor was sought to be held liable by reason of an injury suffered by an actress who used an iron stairway to reach her dressing-room. It was held that she assumed the risk. We cannot reconcile this decision with the cases in the same state which hold that a tenant who has no method of egress from or ingress to his apartment other than the stairway on which he is injured, is not, by reason of his using such stairway, guilty of contributory negligence. We do not believe that that decision will be followed. On the other hand, a patron of a theatre has no right to leave by a rear exit which is not intended for general use, and where he does so, and is hurt, he cannot recover.42 App. Cas. (D. C.) 53. The defendant violated a statute in failing to build proper inclines leading to exits, in his theatre. The court held that one who failed to comply with a statute was guilty of negligence as a matter of law where the person injured was free from contributory negligence and the violation of the statute was the proximate cause of the injury. 41 Micheltree v. Stair (1909), 135 A. D. (N. Y.) 210; 120 N. Y. Supp. 540. Plaintiff, an actress, slipped, while using stairway leading to her dressing room, because of the slippery condition of the iron treads on the stairs. Held that as she had used the stairway a number of times be fore, she must have known the condition of the stairway and assumed the risk. Held further that the appellants not being plaintiff's employers, were only bound to use reasonable care in keeping the building, including the stairway in repair, but under no obligation to furnish her with a reasonably safe place to work. 42 Hendershott v. Modern Woodmen (1911), 66 Wash. 155; 119 Pac. 2. Plaintiff while leaving a hall by the back stairway was injured. Held, no liability, as there was no invitation to enter or leave by that way. Johnson v. Wilcox (1890), 135 Pa. St. 217; 19 Atl. 939. Plaintiff had attended a dance-hall. Instead of leaving by the lighted