Kmiotek v. Anast

Per Curiam,

While a patron in defendants’ moving picture theatre in Glassport, Allegheny County, on April 10,1940, plaintiff fell down a flight of stairs and was severely injured. He brought this suit for damages and a verdict was rendered in his favor. Defendants, who are copartners trading as “Star Theatre Enterprise”, moved for judgment n.o.v. and a new trial, and when these motions were refused, and judgment entered on the verdict, they appealed.

The general rule, as stated in Robb v. Niles-Bement-Pond Co., 269 Pa. 298, 300, 112 A. 459, is that the owner or occupant of premises who induces…