Birmingham Amusement Co. v. Norris

The plaintiff, a woman weighing 196 pounds, attended a moving picture performance in defendant’s theater, and was injured by the collapse of the seat of the chair in which she sat.

One of the more important questions in the case, arising out of the instructions given to the jury, is with respect to the duty of the defendant in the safeguarding of its patrons while they are in the theater and using it for the purpose for which it was intended, and for which their jn-esence had been invited.

The instructions particularly objected to by defendant are these:

“(a) Now it is the duty of the proprietor…