The Exhibitor (Nov 1939-May 1940)

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In the 11 weeks from October 2 to December 15, NTS closed orders for 135 complete Simplex Four-Star Sound Systems, together with an exceptional number of sound modernization jobs, totaling over $200,000 in sales. “Company equipment sales as a whole have been excellent,” Green said, “but the extent of exhibitor response to the boxoffice value of new sound surprised even us. Each and every one of our 29 branches the country over closed deals with theatres for Simplex sound. In the New York territory alone, 10 sound sales were made, including circuits and independents. Both new and old theatres accounted for the remarkable volume of Simplex sound orders booked by the NTS organization. Brief Glances At SOME LEGAL DECISIONS (Editor’s Note: Legal decisions affecting operation of theatres should be of interest to all readers of Better Management. As the more important basic rulings occur, they will be brought to the attention of the followers of this department.) Floors Entail Liability Defendant was held liable for injuries caused by the slippery and dangerous condition of the outer lobby floor in its theatre, in an opinion filed by President Judge Oliver of Court of Common Pleas No. 7 of Philadelphia County in Copelan et uxor versus Stanley Company of America (March term, 1938, no. 1475). It there appeared that the wife plaintiff, while leaving defendant’s theatre at about 7:30 p.m., walked across the outer lobby and, as she neared the pavement edge, stepped onto the outer step of the theatre on the same level as the lobby, floor. As she did so, her foot slipped outward, carrying her part way across the step, although she did not actually fall to the ground. The wife plaintiff testified that, while the conditions complained of were not visible to her as she walked across the lobby, after she had slipped she looked back and saw that the step sloped downward toward the sidewalk, that it was slippery and well worn, and that there was a crack where the step had separated from the tile floor of the lobby. The existence of these conditions was corroborated by an architect who examined the step after the accident and who testified further that it had settled in the center and also toward the sidewalk, as the result either of faulty foundations or lack of steel reinforcement. NTS sound sales, in the areas served by The Exhibitor, were (by NTS branch offices) : ALBANY — Schine, Gloversville, New York. BALTIMORE — Clinchco, Clinchco, Virginia ; Strand, Covington, Virginia; Hasi, Hasi, Virginia. BOSTON — Cambridge High School, Cambridge, Massachusetts ; Paradise, Millbury, Massachusetts ; Gorham Opera House, Gorham. New Hampshire ; Hudson, Hudson, Massachusetts. BUFFALO — Park, Geneva, New York; Eastman Kodak Company, Rochester, New York ; Schine’s Regent, Geneva, New York. NEW HAVEN — Devon, Devon, Connecticut ; Groton, Groton, Connecticut; Cheshire, Cheshire, Connecticut ; General Electric Company, Bridgeport, Connecticut. NEW YORK CITY -Fisk. Woodside, Long Island ; Fantasy, Rockville Center, Long Island ; Liberty, Bernardsville, New York ; Paramount, Peekskill, New York ; Academy, Wappinger Falls, New York ; Bardavon, Poughkeepsie. New York ; Paramount, Middletown, New York ; Eighth Street Playhouse, Wagner (Brooklyn) ; Ambassador. PHILADELPHIA Towers, Camden, New Jersey ; Sherwood, Philadelphia ; Andra. Catawissa, Pennsylvania ; Earle, New Oxford, Pennsylvania ’; Tvson, Philadelphia ; Grant, Philadelphia : Globe! Marcus Hook. Pennsylvania ; Congress, Marcus Hook, Pennsylvania. All Simplex Four-Star Sound System installations were made by the Altec Service Corporation. The step, which was of a terrazzo composition, was very slippery from lonecontinued use. Defendant’s manager testified that the step had been in the same condition ever since he had been at the theatre, a period of four years. There was further evidence that, because of the tendency of such terrazzo composition to become smooth and slipoery. it was customary to put some abrasive into the compound, which was not done in this instance. After reviewing and outlining this testimony. Judge Oliver defined the extent and degree of duty owed by defendant, saving: “The defendant, as operator of a motion picture theatre, invited the public upon payment of an admission fee to attend its theatre. It was not an insurer of the safety of its patrons; but it was bound to use reasonable care to see that its theatre, and the theatre entrance and exit, were in a reasonably safe condition for the contemplated uses thereof and the purposes for which the invitation was extended.” He found that the defendant had failed to exercise the degree of care which the circumstances and relations of the parties imposed upon it and that there was nothing which as a matter of law showed the wife plaintiff to be guilty of contributory negligence. Judge Oliver concluded: “In the case before us, the testimony is even stronger in favor of the plaintiff than it was in the cases cited above, because she definitely testified that the condition of the step ‘was not visible as one walked out of the theatre.’ Her testimony in that respect was corroborated by the architect who was sent by plaintiff shortly after the accident to examine the step on her behalf. The testimony for plaintiff, therefore, established by inference at least that she had looked at the step on her way out and had not noticed its defective condition, and it established directly that, had she looked, she would not have been able to see it. Plaintiff, therefore, went further in her proof in the present case than was required and definitely established an absence of contributory negligence. The defendant made no effort to contradict the testimony above referred to.” THE EXHIBITOR January 17, 1940