Painesville Utopia Theatre Co. v. Lautermilch

The relationship between the plaintiff and the defendant on the occasion of the injury was that of invitee and owner. The defendant therefore owed to the plaintiff the duty to have its premises in a reasonably safe condition and to warn the plaintiff of latent and concealed perils of which it knew.

The evidence of plaintiff tended to prove that in the east end of the semi-dark foyer there was an unmarked, unlocked door leading to the cellar; that all patrons entering or leaving the theater passed through the foyer and in close proximity to this door; that the door leading to the cellar was an…