Constantine v. Proven Pictures of Boston, Inc.

The plaintiff, a patron in the defendant’s motion picture theatre, was ushered to a seat next to a seat on the main aisle. Soon another patron was ushered to the adjacent aisle seat and as he took his seat he leaned over and placed an object in the aisle. The plaintiff observed this “through the side of his eye” but “did not pay much attention to it.” About one and one half or two hours later, the plaintiff got up to go to a rest room — he did not recall whether the other patron stood up or leaned back to let him pass — and was injured when he fell over the object, which turned out to be a…