Praia v. Allied Owners Corp.

Judgment reversed on the law and the facts and a new trial granted, costs to appellant to abide the event. Plaintiff made out a cause of action. The authorities cited by the learned trial court are inapplicable. They deal with persons who, in reckless disregard of their safety, venture in places of darkness with which they are not acquainted. Here, the balcony or mezzanine floor was lighted dimly, but sufficiently for plaintiff to observe that a single seat in the front row, at least ten to eleven feet away, was vacant. There were dim lights in the ceiling, and a light in the chairs on each…