Smith v. Redman

Mr. Presiding Justice Barry

delivered the opinion of the court.

Appellee recovered a verdict and judgment for $2,000 for injuries alleged to have been sustained when the seat in which she was sitting in appellants’ theater collapsed and she was thrown to the floor.

Appellants contend that the declaration does not state a cause of action because it does not aver that they had knowledge of the alleged defective condition of the seat or that by the exercise of reasonable care they would have known of such defective condition. They also insist that there is no proof in regard to those matters. They…