Maybee v. Missouri Orpheum Corporation

This is an action for the recovery of damages for personal injuries suffered by respondent, a patron of defendant’s theater, by reason of her being thrown to the floor when her foot was caught under a raised or eupped-up carpet edge as she attempted to leave her seat in the theater. Trial to a jury, verdict and judgment for $4500. Defendant appeals.

But two assignments of error are made: (a) The court erred in refusing to sustain appellant’s.demurrer at the close of all the evidence because “plaintiff failed to introduce any evidence showing that appellant had either actual or constructive…