Motion Picture Herald (May-Jun 1946)

THEATER PROJECTORS AND SOUND SYSTEMS In realism of image and naturalness of sound these trouble-free, streamlined aces of the projection booth exceed the demands of the most critical audiences. They are built to standards far in excess of those generally accepted for motion picture sound equipment — a great pair to draw to for a full bouse. Priced To Enable ANY Theater To Afford NEW Equipment DeVRY know-how engineering, teamed with DeVRY precision methods in parts production and assembly, assures top-flight picture and sound performance for either blackand-white, newsreel or technicolor features . . . Your DeVRY includes a synchronized built-in sound-head. DeVRY has the world's most complete peace-time line of motion picture sound equipment. Also HIFidelity Theater Amplifiers and Multi-Cellular Speakers. Before you buy, mail coupon to DeVRY . . . Only S-time winner of Army-Navy "E" award for motion picture sound equipment. DeVRY CORPORATION BT-C5 1111 Armitage Ave., Chicago 14, Illinois Please send details about the NEW DeVRY 35 mm. Theater Projectors and Sound Systems. Name I I I Address. L Ciiy Slate. MOTION PICTURE SOUND EQUIPMENT ADVANCED PROJECTIOM THROUGH SUPERLITE LENSES Modern design, precision manu(acturing, ond unusually critical inspections result in the superlative lens that the most progressive theaters ore enthusiastically acclaiming for its trueto-life projection for both color and black and white. Your patrons appreciate the best — Insist upon Superlite Lenses! R ROJECTION OPTICS CO. INC. 326 LYELL AVE., ROCHESTER, N.Y. U.S.A. A LINE O* LAW OR TWO Actual suits Involving points of law bearing on theatre operation, concisely described and analyzed in laymen's terms for the purpose of helping theatre management to avoid conditions which might lead It to be sued, and of providing cases on which Its own suits or legal defense might be based. All decisions given are of higher courts and of recent dat: BY LEO T. PARKER. Member Ohio Bar Auditorium Darkness As a Liability Factor ACCORDING to a leading higher court decision, partial darkness in the auditorium is essential to the conduct of a motion picture exhibitor's business. Thus, "darkness" in that general area of a motion picture theatre is not legal negligence. However, the theatre proprietor must use a high degree of care to assure himself that "ordinary" patrons will not be injured by unusual construction. In Cassanova v. Paramount-Richards Theatres, Inc. (16 So. [2d] 444), it was shown that a theatre patron was injured on a theatre step, a kind, it was contended, not in any other theatre in the city. The fact that this "unusual" step was not illuminated resulted in the higher court holding the theatre owner liable in damages. The court said : "Although the proprietors of places of amusement are not generally considered to be insurers of the safety of their patrons, they are, nevertheless, charged with the same duty imposed upon the owners or occupants of a building or premise . . . to give warning of any dangers that may be hidden or not reasonably observable in the exercise of ordinary care by the invitee," Also, see the leading case of Klatt, 165 Mich. 666. This court said: "One would have a right to presume that the defendant [theatre owner^ had discharged his duty of having the premises in a reasonably safe condition, as to lights and construction; and the ordinary person would naturally suppose that it would be safe to pass along a passageway provided for his exit with reasonable assurance of its being in safe condition." Positive Proof of Negligence is Necessary IN THE PRECEDING issUC we cited a number of examples of the kind of evidence necessary to sustain a claim of damages for injury. Here is another case bearing on this class of litigation, one which illustrates the attitude of the higher courts today that testimony must prove positively that the injury resulted from the negligence of the defendant This case is Phoenix Amusement Company V. Padgett's Adm'x (192 S. W. [2d] 105), reported March, 1946. It was shown that a theatre patron named Padgett died of an abscess of the brain resulting from an injury sustained by her when she tripped on a defective carpet in the Ben Ali theatre. The jury decided the injury resulted from negligence of the theatre owner because the testimony showed that the carpet on the stairs was worn. Also, the girl lost a heel of her shoe. It was alleged that this fact proved that the defective carpet caused the injury. The jury held the theatre owner liable for $2,000 damages. The higher court reversed this verdict, however, and said : "The mere fact that a high heel is lost in falling down fourteen or fifteen steps does not raise the inference that it was caught in a defect of the stairway. Protection of Lessee By Occupancy Clause CONSIDERABLE disCUSsion has arisen from time to time over the legal question : If a company leases property and later the government, state, city or other public corporation appropriates the property for public use, is the company relieved of its obligation to pay rentals to the landlord specified in the lease ? The answer is no. For illustration, in Leonard v. Autocar Service Company (64 N. E. [2d] 477), reported March, 1946, the testimony showed that a company leased from a landlord certain property for a term of 20 years. The duration of the lease was from 1926 to 1946. In 1943, the government, for military purposes, condemned and appropriated the property. The company moved to another location and refused to pay to the landlord the agreed rental on the property appropriated and used by the government. The landlord sued the company, and the higher court held the latter liable for payment of $9,536, saying: "Where parties, by their own contract and positive undertaking, create a duty they must abide by the contract and make the promise good. . . ." Thus, in leasing a theatre, be certain 30 BEHER THEATRES. MAY 4. 1946