Gorman v. Charlson (No. 1)

Opinion by

Mr. Justice Schaffer,

We cannot acquiesce in the disposition by the court below of this and the two other cases which accompany it. Nonsuits were entered which the court in banc in an opinion by the trial judge refused to remove and in consequence plaintiff has appealed.

The plaintiff sued to recover damages for the death of her husband (in the other two actions for the death of her two minor children) killed in the collapse of a theatre building belonging to defendants, in which the decedents were witnessing a moving picture show. Recovery was denied on the ground that the negligence…