Hubbard v. Embassy Theatre Corp.

— This action was instituted by plaintiffs, a marital community, to recover from defendant for personal injuries sustained by the wife in falling to the floor of a rest room maintained by the defendant. From the judgment entered on the verdict in favor of the defendant, motion for a new trial having been overruled, the plaintiffs appeal.

As paying patrons, appellants attended respondent’s theatre in Seattle the afternoon of December 5, 1936. At the conclusion of the show on the date mentioned appellant wife hastily entered the rest room maintained by respondent for use of its lady guests. Be…