Legal Opinion

New Theatre Co. v. Hartlove

Court of Appeals of Maryland

Decided March 19, 1914PublishedCited by 17 opinions

Appeal from the Superior Court of Baltimore City. (Daw-•KlIfS, J.) The appellee sustained injuries to her ankle, by a fall while seeking a seat in a darkened theatre; in a suit against the Theatre Company, the judgment was in her favor, on a verdict for $500. The defendant appealed.

Read the full summary

Appeal from the Superior Court of Baltimore City. (Daw-•KlIfS, J.) The appellee sustained injuries to her ankle, by a fall while seeking a seat in a darkened theatre; in a suit against the Theatre Company, the judgment was in her favor, on a verdict for $500. The defendant appealed. The following are the prayers of the plaintiff and defendant, with the action of the trial Court thereon: Plaintiffs First Prayer — The plaintiff prays the Court to instruct the jury, that it was the duty of the defendant to exercise ordinary care, to provide a safe walk or aisle, along which the plaintiff must…

1Opinion of the CourtBurke, J.

The appellant on this record conducts-'a theatre on Lexington street, in Baltimore 'City, and the appellee was injured therein on the 29fch of November, 1912, while she was a patron of the theatre, by falling from the main floor into the musicians’ pit which was at the time unguarded.

’ The declaration alleged that the appellant did not use due care towards the plaintiff, and by the wrongful act, neglect, and the failure of the defendant in not properly guarding the musicians’ pit inside the theatre, the plaintiff, although flsing due care and caiition, was injured by falling into said pit.

The…

2Cases cited16 opinions

  1. Swords v. . EdgarNew York Court of Appeals · 1874
  2. Cooke v. Baltimore Traction Co.Court of Appeals of Maryland · 1895
  3. Albert v. State ex rel. RyanCourt of Appeals of Maryland · 1887
  4. Currier v. Boston Music Hall Ass'nMassachusetts Supreme Judicial Court · 1883
  5. Thornton v. Maine State Agricultural SocietySupreme Judicial Court of Maine · 1902

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Eyerly v. BakerCourt of Appeals of Maryland · 1935
  2. Lasell v. Tri-States Theatre Corp.Supreme Court of Iowa · 1943
  3. Haugh v. Harris Bros. Amusement Co.Supreme Court of Pennsylvania · 1934
  4. Pinehurst Co. v. PhelpsCourt of Appeals of Maryland · 1932
  5. Loew's Nashville & Knoxville Corp. v. DurrettCourt of Appeals of Tennessee · 1934

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API