Worcester v. Theatrical Enterprises Corp.

THOMPSON (GORDON), J., pro tem.

This is an appeal from a judgment notwithstanding the verdict, after verdict had been rendered in favor of plaintiff in a suit against the defendant theatre for injuries which plaintiff sustained by being kicked in the back by an intoxicated patron, while plaintiff was attending a motion picture show in defendant’s theatre.

The facts are not in serious dispute. The plaintiff entered the theatre after purchasing a ticket, and was ushered to a seat. After being seated for some time, the usher was called and, because of annoyance by people in the rear eating…