Thurber v. Skouras Theatres Corp.

The opinion of the court was delivered by

Lloyd, J.

Plaintiff below brought suit against the operator of a moving picture theatre to recover damages for injuries received in a fall through being pushed down by other patrons of the theatre. She obtained judgment in the District Court and the defendant appeals, contending that there should have been a nonsuit or direction of a verdict in its favor.

The facts as exhibited by the plaintiff’s proofs were that at the time the plaintiff and her granddaughter entered the theatre the seats were filled and they remained standing in the lobby for sometime.…