East Texas Theatres, Inc. v. Swink

WILLIAMS, Justice.

H. T. Swink, plaintiff below, was awarded recovery for injuries suffered from a fall into an orchestra pit, a part of the stage of the Palace Theater, which was owned and operated by appellant, East Texas Theatres, Inc., defendant below. The jury found as to primary negligence: (1) That defendant failed to provide adequate light; (2) failed to warn plaintiff of the pit prior to his fall; (3) maintained the orchestra pit without having a guard to prevent persons walking upon the stage from falling into it; and (4) “defendant conducted plaintiff upon the stage at a place where…