Oakley v. Richards
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The court erred in not taking the case from the jury at the end of plaintiff’s evidence, (a) There was no common-law negligence proved. Peck v. Amusement Co., 195 S. W. 1033; Ware v. Evangelical Society, 181 Mass. 285; Bell v. Bank, 28 App. D. C. 580; Hoyt v. Woodbury, 200 Mass. 343; Lord v. Dry Goods Co., 205 Mass. 1. (b) The seats and lights were arranged in the customary manner.
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Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The court erred in not taking the case from the jury at the end of plaintiff’s evidence, (a) There was no common-law negligence proved. Peck v. Amusement Co., 195 S. W. 1033; Ware v. Evangelical Society, 181 Mass. 285; Bell v. Bank, 28 App. D. C. 580; Hoyt v. Woodbury, 200 Mass. 343; Lord v. Dry Goods Co., 205 Mass. 1. (b) The seats and lights were arranged in the customary manner. Latest devices and methods are not required. Peck v. Amusement Co., supra'; Brands v. Car Co., 213 Mo. 708; Chrismer v. Telephone Co., 194…
1Opinion of the CourtBlair, J.
This is an appeal from a judgment respondent recovered for damages for injuries she received from falling when she attempted to pass from her seat into the aisle of a moving-picture theater owned and operated by appellants. The evidence conflicts. That for respondent tends to show the theater was quite dark; she was unable to see the floor at her feet; she could see, merely as a dark object, her companion who preceded her into the aisle; she left *276her seat and walked toward the aisle; as she did so she held to the back row of seats in front of her; the seats were upon a platform or floor which…
2Cases cited17 opinions
- Fischer v. St. LouisSupreme Court of the United States · 1904
- Marwedel v. CookMassachusetts Supreme Judicial Court · 1891
- Camp v. . WoodNew York Court of Appeals · 1879
- Nephler v. WoodwardSupreme Court of Missouri · 1906
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Durning v. HymanSupreme Court of Pennsylvania · 1926
- Main v. LehmanSupreme Court of Missouri · 1922
- Paubel v. HitzSupreme Court of Missouri · 1936
- Hudson v. Kansas City Baseball Club, Inc.Supreme Court of Missouri · 1942
29 more not listed; retrieve them via the Exa API.