Motion Picture Herald (Oct-Dec 1931)

66 Better Theatres Section October 24, 1931 keeps theatres First Class with pure air Foul air is fatal ! Keep your theatre fresh and pure this winter — and cool all summer with KOOLER-AIRE, t h e COMPLETE, proved Air Conditioning' System. Custom-b u i 1 1 installations. Low prices. Terms. Write! Kooler-Aire Engineering Corporation, 2110 Kennedy St., N. E. Minneapolis, Minn. Lu-Mi-Nus, Non Shadow Cast Aluminum Changeable Letters — are the original and only letters that lie flat on the glass and cast no disturbing shadows. Recognized as superior to all other changeable letters and fully protected by patent, they are approved by the National Theatre Supply Co. METAiTpR^dIjCTs', TNcT'lvTJwa'uke'erWis"' ~ " Please send free sample letter (lOc enclosed to cover postage) to M Street City State CIRCUS H(RDL05 PPOGR^Wr EXHIBITORS Printing Service 711 South Dearborn Street CHICAGO, ILL. NO MORE LOOSE CHAIRS Firmastone fastens loose theatre chairs to concrete floors permanently, ten minutes. Simple to use. Chemical cement — Sets in For further Information, write us. GENERAL SEATING COMPANY 2234-36 Fullerton Avenue Chicago, III. LEARN MODERN THEATRE MANAGEMENT and ADVERTISING Through approved home-study methods, the Institute has successfully trained hundreds of theatre men. Free particulars. THEATRE MANAGERS INSTITUTE 3ZS Washington St. Elmira, New York owner of the property has three remedies: First, he may sue the tenant as each installment of rent becomes due, or for the whole thereof when it becomes due ; second, he may treat the lease as terminated and retake possession of the premises and use the same for his own purposes ; or, third, he may retake possession of the premises for the tenant's account and hold the tenant liable in damages for the difference between the rentals provided for in the lease and what in good faith he was able to procure from a reletting. On the other hand, it is well established that a landlord who elects to take possession and re-rent the property cannot sue and recover damages until the lease has expired. For instance, in the late case of Treff V Gulke, (297 Pac. 978), it was disclosed that a tenant rented a building under a lease contract. Before expiration of the contract the tenant abandoned the premises. The owner took possession of the property and after several months re-rented it to another tenant. Then the landlord sued the original tenant for damages. However, since the landlord did not wait until the expiration of the lease term before filing the suit, although the lower court held the landlord entitled to a recovery, the higher court reversed this verdict, and said: "The rule is well settled that where a lease has been repudiated by a tenant, and the premises abandoned . . , the landlord has a choice of but two remedies: He may rest upon his contract and sue for each installment of rent as it falls due. If this alternative be selected, obviously the action must be limited to accrued installments, and no recovery can be had for future installments, because, the lease being still in existence, no obligation to pay the rent arises until each installment falls due. He may take possession of the premises, relet the same, and recover from the tenant any damages suffered thereby. Such damages will be the difference between the amount secured on the reletting and the amount provided for in the original lease. ... In the present case, the respondent (landlord) having elected to take possession of the premises and relet the same, and to rest upon his action for damages, we must conclude, upon the authority, that his action was prematurely begun, and that the judgment awarding damages to him must be reversed." Liability for Injury GENERALLY SPEAKING, a theatre owner will not be held liable in damages for an injury sustained by a patron, unless the evidence clearly indicates that the injury resulted from negligence on the part of the theatre owner or his employes. Moreover, assertions made by the patron that the theatre owner was negligent must be proved conclusively, or the patron will not be held entitled to a favorable verdict. For example, in the late case of Minton V Creer, (154 Atl. 712), it was shown that a patron sued a proprietor to recover damages for an injury alleged to have been sustained when he slipped on oil which he testified dripped from the door hinges. However, since this contention was not conclusively proved, the higher court held the proprietor not liable, and sam : "No proof was offered as to the exact nature of the grease or oil, or that it actually came from the mechanism of the door, or that the door either had been lubricated or required such treatment." Use of Premises Not for Public Use IT IS WELL established that a theatre owner, or other operator of an amusement place, is bound to use care to maintain that portion of his premises safe which is intended to be used by patrons. However, this rule does not apply to parts of the premises 7iot intended for public use. For illustration, in Karlowski V Kissock (175 N. E. 500), it was disclosed that a property owner permitted an organization to use his ground for the purpose of staging an amusement for charitable purposes. A child was injured as a result of a defective condition on a portion of the premises not intended by the property owner to be used by the patrons. He sued the property owner for damages. In holding the latter not liable, the court said: "Negligence is the doing or the omission to do some act in violation of a legal duty. There can be no negligence where there is no duty. . . . He (property owner) simply responded to a request that unused land might be temporarily devoted to some charitable end. His permission was wholly gratuitous. . . . His duty was to abstain from reckless, willful or wanton misconduct. He is exonerated from liability to the plaintiff in these circumstances." Jury's Decisions GENERALLY SPEAKING, a higher court will not reverse a jury's decision unless the evidence indicates conclusively that such decision is improper in consideration of the testimony submitted. For instance, in Kress V Stewart (38 S. W. [2d] 189), it was disclosed that a patron made inquiry for the location of the restroom. She was directed upstairs where it was situated. The floor of the restroom was approximately eight inches above the hall floor through which she had proceeded to the restroom. The patron stumbled on the step and was seriously injured. She sued the proprietor for damages and proved that no light was provided at the entrance of the restroom. The counsel for the proprietor argued that the patron was negligent and therefore not entitled to damages. In upholding the jury's decision which held the proprietor liable in damages, the court said : "As the jury determined the fact issues in favor of appellee (patron) and we have no authority to disturb the findings based on the evidence. Duty to Remove Snow IT IS WELL settled that a theatre owner may be liable for injuries sustained by pedestrians as a result of failure of the former to clear the sidewalk of any obstruction, such as snow or ice. Ordinarilj'^, removal of such obstructions re