Motion Picture Herald (Jan-Mar 1956)

‘ If, however, one goes to a place of that character {theatre) and he so conducts himself as to become offensive to the proprietor of that establishment, the proprietor has the right to eject. Now how must he eject him? He must proceed, first, by ordering him to leave the premises; if he declines to go, and does not go, he must first use gentle means, and lay his hands upon him gently. If he resents and refuses to go, the proprietor of the establishment may use whatever force is necessary to eject him; but he must not use more force than is necessary." So, therefore, this higher court and many other higher courts have established the law, as follows: A theatre manager, or other authorized employee, may without liability eject from a theatre an adult patron, or a child of sufficient age to realize good conduct from bad conduct, who is unduly boisterous, or who violates reasonable rules, or who refuses to purchase a ticket, or who is a source of danger to other patrons. However, under no circumstances may a patron, whether an adult or child, be ejected wltb undue force, unless first he is requested to leave the premises and he refuses to do so. Then the theatre proprietor, manager or employee may attempt to eject him with the least force possible, and later, if it is necessary to utilize extreme force, ?uch force may be used. Hence, in order that a theatre owner or corporation shall be relieved of liability for forcibly ejecting a patron, the testimony must show that the degree of force used to eject the patron was necessary under the circumstances. Otherwise, the theatre owner or corporation is liable. Duty to Innocent Patrons All higher courts agree that a theatre owner or corporation is not liable as an insurer against injuries to other patrons caused by a dangerous patron. However, a plain duty rests upon theatre employees to protect patrons, so far as possible, by the exercise of a high degree of care, from violence and insults of other patrons. Hence, when injury of a patron should be anticipated, the theatre employee, in the performance of his duty, should take proper measures to protect patrons. Failure to do so always will result in the theatre owner or corporation being liable. Kerrville, Inc., v. Williams (206 S. W. [2d] 262). Modern higher courts also hold that theatre operators may be liable for injuries to patrons resulting from negligence of child patrons. In Crowley v. Bugg (292 111. App. 210), it was shown that an adult patron was injured as a result of stumbling over a child on the floor in the aisle. The performance was in progress, the lights were dim, and there were no lights at the floor. The higher court held the theatre owner liable in heavy damages for injuries sustained by the adult patron, and said that “it was defendant’s (theatre owner’s) duty to the patrons” to sufficiently light the aisle, or pay employees to keep children from injuring other patrons. On the other hand, theatre owners are not liable for injuries to patrons if the testimony proves that the theatre management used reasonable care to prevent the injury. In Milasevich v. Fox Theatre Corporation (165 Pac. [2dj 195), the higher court held the theatre corporation not liable for the injury, and said: ‘‘The evidence shows that every reasonable effort was made by defendant’s {theatre’s) employees, both to keep the dog from entering the theatre, and to promptly eject it after it had entered. As we view it no actionable negligence on defendant’s {theatre’s) part was shown." Always the authority of a theatre employee to represent his employer, when assaulting or violently ejecting a patron, is important evidence. While a theatre owner generally is liable if unnecessary or undue force is used by YOU WOULDN'T LET A PLUMBER TINKER WITH YOUR CAR I Your car plays a vital part in the life of you and your family. You wouldn't dream of letting a plumber tinker with it. So, too, your sound equipment is the most important property in your theatre. It deserves the expert technical attention only ALTEC can give it. 6,000 satisfied ALTEC SERVICE customers have learned this. HOW ABOUT YOU? SPECIALISTS IN MOTION PICTURE SOUND 161 Sixth Avenue • New York 13, New York REPLACEMENT PARTS Including Cinemascope for Wenzel, Ballantyne and Simplex type pro* jectors and most sound heads. See your dealer for details of the WENZEL PRO-1 Aperture Air Cooler Pro-50 Projector Head WENZEL Time-Tested Theatre Equipment Manufacturers of: Projectors, Sound Heads, Bases, Magazines, Accessories, Parts, etc. Send tor descriptive literature WENZEL PROJECTOR CO. 2505-19 S. State Street Chicago 1, Illinois BETTER THEATRES Section, Guide Number of 1956 25