Tovey v. G. E. Lothrop Theatres Co.

The plaintiff in the first case, hereinafter called the plaintiff, fell and was injured in a moving picture theatre operated by the defendant. There was testimony from witnesses called by the defendant which, if believed, would require the finding that it was not hable. Evidently the jury did not believe that testimony, since their verdict was for the plaintiff. There was evidence which warranted the finding of the facts here recited.

The plaintiff paid for admission to the theatre, went up to the balcony and waited for about a minute at the head of an aisle, consisting in part of steps, for…