Durning v. Hyman

Opiníon by

Mr. Justice Sadler,

Ella Durning, a child of thirteen, purchased a ticket of admission to a moving picture theater, operated by the defendant, Hyman. With two friends, she entered the building from the rear, and passed up the aisle to a row of seats containing vacant places. When she pulled one down and sat upon it, the left side gave way, causing her to be thrown to the floor, sustaining certain injuries as a result. At the trial of the action instituted to recover damages, she testified, as did one of her companions, that the seat “broke,” causing the fall. Upon the conclusion of…