(Download) "Tovey v. G. E. Lothrop Theatres Co. (Two" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Tovey v. G. E. Lothrop Theatres Co. (Two
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 28, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
DONAHUE, Justice. The plaintiff in the first case fell and was injured in a moving picture theatre operated by the defendant. There was testimony from witnesses called by the defendant which, if believed, would require the finding that it was not liable. Evidently the jury did not believe that testimony, since their verdict was for the plaintiff. There was evidence which warranted the finding of the facts here recited. The plaintiff paid for admission to the theatre, went up to the balcony and waited for about a minute at the head of an aisle, consisting in part of steps, for an usher to show her to a seat. An usher at the foot of the aisle finally directed her to proceed. The theatre was dimly lighted and the aisle where the plaintiff stood was dark. The usher had a flashlight with him but, so far as appears, did not use it until after the plaintiff was injured. As she started to go down the aisle in response to the usher's direction, her foot caught and she tripped and fell. The cause of her fall was the condition of the tapestry carpet at the head of the aisle. It was threadbare, ragged, worn and torn and for the width of fifteen or eighteen inches was 'lapped' or 'rolled' over or 'curled up' so that it projected one and a half or two inches above the level of the floor. The carpet had been in use at that place for about three years and in that period on an average of two hundred people went over the aisle daily. When laid the carpet was nailed on both sides of the aisle and under the risers of the steps.