Southeastern Fair Ass'n v. Taylor

The defendant contends that the petition shows on its face that the plaintiff failed to exercise ordinary care for her own safety so as to be barred from recovery. The contention is without merit. The cases relied on by the defendant hold that a person who voluntarily enters a place of darkness and who is injured because of the darkened condition is negligent and is the author of his own misfortune. In the instant case, the plaintiff was not voluntarily entering the darkened grandstand but was seeking to leave the grandstand after the electrical and fireworks display. In the cases relied on…