Metzger v. Hossack

WOODROUGH, Circuit Judge.

James W. Hancer was burned to death in a fire which occurred in a motion picture theater in Gregory, South Dakota, where he was employed as the operator of projection machines. This action against Roy C. Metzger, the owner of the theater, for damages for Hancer’s death was brought by the appellee as administratrix of Hancer’s estate. Jurisdiction of the Federal court is based upon diversity of citizenship.

The case has been tried three times. On the first trial the District Court concluded that there was insufficient evidence of negligence attributable to the theater…