Glynn v. Lyceum Theatre Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence in failing to provide safe and proper seats in its theatre, brought to the Superior Court in New London County where the plaintiffs were nonsuited in a trial to the jury before Curtis, J., from which judgment they appealed. No error.
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Action to recover damages for personal injuries alleged to have been caused by the defendant’s negligence in failing to provide safe and proper seats in its theatre, brought to the Superior Court in New London County where the plaintiffs were nonsuited in a trial to the jury before Curtis, J., from which judgment they appealed. No error. The plaintiffs offered evidence from which the jury might reasonably have found the following facts: The defendant leased its theatre in New London to the Jackson Amusement Company, a Connecticut corporation, for a period of three years from July 1st, 1908;…
1Opinion of the CourtWheeler, J.
The lessor, the Lyceum Theatre Company, was, under its covenant to repair, bound to maintain the seats of its theatre in reasonable repair.
The lessee, the Jackson Amusement Company, could enforce this covenant, but, since it is merely a covenant to repair premises in control of the lessee, the liability of the lessor thereon could arise only after notice to, or the presence of facts from which the law would imply knowledge of the defect by, the lessor. Miles v. Janvrin, 196 Mass. 431, 438, 82 N. E. 708.
When the lessor has had such notice or knowledge and thereafter fails to make the necessary…
2Cases cited13 opinions
- Miles v. JanvrinMassachusetts Supreme Judicial Court · 1907
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
- Thompson v. ClemensCourt of Appeals of Maryland · 1903
- Dustin v. CurtisSupreme Court of New Hampshire · 1907
- Clyne v. HelmesSupreme Court of New Jersey · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Firszt v. Capitol Park Realty Co.Supreme Court of Connecticut · 1923
- Geoghegan v. Fox Co., Inc.Supreme Court of Connecticut · 1926
- Loew's Nashville & Knoxville Corp. v. DurrettCourt of Appeals of Tennessee · 1934
- Chipman v. National Savings BankSupreme Court of Connecticut · 1942
- Miller v. Mutual Mortgage Co.Supreme Court of Connecticut · 1930
12 more not listed; retrieve them via the Exa API.