The Film Daily (1934)

THE &H DAILY Thursday, April 12, 1934 LIABILITY TO PATRONS DISCUSSED BY LEVY West Coast Bureau of THE FILM DAILY Los Angeles — Opinion that theaters are not liable when patrons are injured through explosion of bombs during strikes was expressed by Attorney Edward G. Levy, of New Haven, general counsel of the M. P. T. 0. A., in a discussion of "The Theater's Liability to its Patron" at the M. P. T. 6. A. convention yesterday. Following is the text of Levy's address: "The theater as well as race tracks, circuses and allied amusements have been held to be private enterprises since the owners derive no authority from the State to carry on their businesses. As a result of this declaration of law, as it now exists by a unanimity of case decisions, the amusement owner is able to regulate bis amusement as he wishes subject only to two restrictions: 1, Whatever legislation may be passed by municipality, stale or Federal government, within the exercise of 'the police power' wherever Ihe amusement is held to be 'affected with a public interest.' 2. The injunctions expressed in the Civil K t vr 1 1 < Act of the several states by virtue of which discrimination may not be made against patrons because of race, color or erred and also prohibiting discriminations which do not apply to all alike. "If it be a violation of the first class of restrictions the offense is a criminal one; if of the second class of restrictions the offense is a criminal one and in addition subjects the theater owner to a civil suit. "It is now well settled law by a vast majority of the cases that a theater ticket is a license that may be revoked at any time by the party issuing it either before or after the ticket bolder has entered the theater and either before or after tbe ticket holder bas taken his seat. Tbe Proprietor may ask tbe seat bolder to leave tbe theater for any reason at all or for no reason at all subject only to the injunctions of the Civil Rights Act. Upon being asked to leave and his refusal so to do, the ticket bolder is a trespasser and reasonable force may be used to eject him forcibly. His only remedy is in contract and all that he can recover is the price of the ticket and the expenses incidental to his coming to the theater. "The general rule with almost no dissent appears to be that the owner of a theater is required to use Catholic Crusade Gains New Orleans— About 1.800 Catholics from Louisiana. Mississippi and Texas, in convention here, voted to stay away from pictures listed as indecent in their publication. "Queen's Work " They also will send protests to producers, directors and stars appearing in such pictures. The industry's production code will be used in judging filmv One delegate. C Paul Baker of Loyola University here, disagreed with most of the resolution. He said films had no evil effect on him and that he would go to Mae West pictures whenever possible. League of Nations Endorses Shorts for Kids Geneva — Mickey Mouse cartoons and pictures based on the life of the ant or the bee. instead ot love and underworld stories, are recommended tor children by the League of Nations Committee on Child Welfare. Animated comedies, films of harmless fantasy, comics generally and authentic pictures of nature are among those tavored. according to views expressed yesterday. The committee is endeavoring to bring about a treaty to encourage producers to make more films for children. Claims Sound Repair Cost Reduced to $1.20 Weekly Wilmington, Del. — Repair and replacement charges made by Electrical Research Products have been reduced from an average weekly theater "top" of $12.65 in 1928 to $1.20, according to a brief filed by John E. Otterson, president of the company, in connection with the Stanley Co. suit charging A. T. & T. and several subsidiaries with monopoly. The figure of $1.20 is based on charges made during the first six months of 1932, it is stated. Other charges since inception of sound are given as follows: 1927, $3.02; 1929, $9.45; 1930, $7.59; 1931, $3.29. Erpi has a perpetual investment aggregating $250,000 in repair and replacement parts, says the brief, these being distributed from 41 locations. Making Hindu Film in Trinidad Don Beddoe, director, and Jules Bucher, cameraman, sail today on the Domingo of the Furness Line to join Harry Dunham in Trinidad, where the trio will film the life of a colony of Hindus who are said to retain the customs of India in all their native purity. The trio expect to make a five-reeler, to which a sound track will be added on their return here. O'Toole Urges Aid Now For Recovery Movement West Coast Bureau of THE FILM DAILY Los Angeles — "The aid we now give the national recovery movement will mean millions in theater profits with the return of prosperity," M. J. O'Toole declared in submitting a report as part-term secretary of the M. P. T. O. A. at the closing session of its annual convention here yesterday. "The situation is in your hands," observed O'Toole, who recently resigned his exhibitor organization post to join the M. E. Comerford circuit. "Every exhibitor must pay as much attention now to the rebuilding of the industry as he would to the building of a theater for himself," said the speaker. Switch Helen Hayes Vehicles West Coast Bureau of THE FILM DAILY Hollywood — In a switch of plans, Hugh Walpole's "Vanessa" will be the first Helen Hayes vehicle when she returns to the M-G-M studios about June 1. Lenore Coffee and Arthur Richman are adapting it, with William K. Howard slated to direct and Walter Wanger as production supervisor. "What Every Woman Knows," which was to have been the next film for Miss Hayes, will be made later in the year. reasonable care to keep his premises, appliances and amusement devices in a reasonably safe condition for persons attending the theater. This applies to the following: falling rails of balconies, tripping over an umbrella placed in an aisle by a patron, tripping over carpets, slipping in toilet rooms, etc. "There is of recent origin a rule of law which holds the owner of the theater responsible in damages for injuries arising from that which he might reasonably have anticipated. It is interesting in this connection to consider the problem of the explosion of bombs in theaters whereby patrons are injured. As yet there has been almost no case law developed on this point. We have here before us a very nice point as to whether or not the explosion of bombs (since this occurs during strikes) would or would not be something: the theater owner should have anticipated. If the Court so holds, which seems unlikely at this stage of legal development, the theater owner would be held responsible. If the Court did not so hold, it is hard to conceive how an injured patron could recover since it could not reasonably be said that a failure to guard against or locate bombs was a failure to exercise reasonable care to keep and to put tbe premises in a reasonably safe condition. "Another important problem is occasioned by the Court's stating that the owner or lessor of a theater is responsible for damage done to patrons of the theater even though such damage arises out of the negligence of an independent contractor or lessee. Let us take for example the case that arose in Connecticut: a patron was injured by the falling of the seat on which he was sitting; it was proved that there was negligence in repairing the seat; in the lease there was a covenant on the part of the owner of the theater to keep the place in repair. Two things were certain: 1. That the patron has a cause of action either against the lessor or the lessee. 2. That if he recovers against the les'ee. the lessee would have a cause of action against the lessor. Some states allow the patron to sue the lessor directly claiming that this avoids circuity of action; other states claim that the natron must sue the lessee of the theater since here is no privity of contract be-, tween the patron and the lessor. It is therefore incumbent unon the lessee of a theater to see that there is in the lease a covenant on the part of the lessor to repair since otherwise there is a serious question whether he would be able to sue the lessor for money paid out by the lessee to the patron." 15 HOUSES REOPEN IN MIDWEST AREAS {Continued from Page 1) Cumberland; Columbia, Davenport; U-No-Us, Lehigh; Plaza, Manley; Princess, Reinbeck; Waterloo, Waterloo; Wellman, Wellman; Iowa, Dow City; Kimballton, Kimballton. The three reopened Nebraska houses were the Stuart, Stuart; Nebraskan, West Point; Wynot, Wynot. Amer. Group Franchised To Make Films in Russia {Continued from Page 1) good Field, Jr., and L. K. Bigelow of Natick, Mass., both formerly with FitzPatrick and the University Film Foundation; J. Withrow Jr. of Columbus, son of Prof. J. Withrow of Ohio State University, and Arthur Menken, formerly of Pathe News. Henry Shapiro has been engaged to act as executive director in the Soviet Union. Shapiro previously conducted American tours in Russia. Contracts have been executed with the monoplies of the Soviet Union which will permit the photographing and production of films in Russia. First of a series of shorts and features has already been produced and a considerable quantity of film has reached this country. A second shipment will arrive next week. By May 1 a new production unit will leave for Russia to continue production. Distribution arrangements are not yet set. Milwaukee Operators Elect Milwaukee — Glenn C. Kalkhoff has been reelected president and O. E. Olson has been returned as business manager of the Motion Picture Projectionists' Union, Local No. 164. Other officers named are John Black, vice-president; George Wittmann, treasurer; Allen Neundorf, recording secretary, and Otto Trampe, George Harris, Alfred Baumann and George Arnowitz, executive board members. Kalkhoff and Olson will represent the local at the international convention in Louisville and the state convention at Racine. Warners Reopen Milwaukee House Milwaukee — Warner Bros, have reopened their Kosciuzsko theater, neighborhood house. Eugene Arnstein, manager of the circuit's Riviera, is also managing tbe Kosciuzsko. Higher License Proposed Under a proposal sponsored by Alderman Morton Baum, Fusionist. motion picture theaters in New York City may be taxed on a raising scale for license fees. The present scale calls for a maximum of $150 per theater. Under the Baum provision, theaters will be taxed from $300 for 600 seaters or less to $2,000 for houses seating over 3,500. The new bill would give the city about $650,000 in revenue from movie theaters.