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Hale v. Mclaughlin

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eBook details

  • Title: Hale v. Mclaughlin
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 29, 1931
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

CROSBY, J. This is an action to recover for personal injuries received by the plaintiff while a spectator in a moving picture theatre owned and operated by the defendant. The injury consisted of a fracture of a small piece of one of the bones of his leg. It was conceded at the trial that the theatre was operated for profit as a place of amusement to which the public were attracted by billboards; that the entertainment was a continuous performance of moving pictures from about 1:30 p. m. until about 10:30 p. m. and that during all this time the theatre was dimly lighted; that the same seats had been in the theatre since 1916 and were placed upon a sloping floor. The uncontradicted evidence of the plaintiff was as follows: Being attracted by an advertisement outside the theatre he purchased a ticket and entered during the performance; he walked down the aisle and sat in a seat under the front edge of the balcony about in the central part of the auditorium. He suddenly felt a blow on the top of his left leg near the ankle and felt that the seat in from of him was shut up or had been lifted up by some one. He could not release his foot until he had lowered the seat in front of him into the position in which a person would sit in it, which raised the bottom of the seat from its contact with his foot or leg. As he remembered he was shown to his seat by an usher, and there was no bar or anything on the back of the seats to keep a person's feet from extending under the seat in front of him.


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