Perry v. Carolina Theatre

The opinion of the Court was delivered by

Mr. Justice Fishburne.

The defendant operates a moving picture theater in the City of Columbia, which is known as the Carolina Theater. The plaintiff, a boy thirteen years of age, recovered a judgment of $250.00 actual damages against the defendant, arising out of its alleged negligence in permitting a stray dog to enter its theater and bite him on the leg while he was attending the exhibition of a moving picture therein, from which he alleged that he suffered serious injury.

At the conclusion of all the testimony the defendant made a motion for a…