Straiton v. Rosinsky

Opinion by

Wright, J.,

We are here concerned with an action in trespass against the operator of a motion picture theatre to recover for injuries sustained by the minor plaintiff when assaulted by an usher. The defense was that the usher was acting beyond the scope of his employment. The jury returned a verdict in favor of the plaintiff. Defendant’s motion for judgment n.o.v. was overruled, and judgment was entered on the verdict.. This appeal followed.

On August 15, 1952, Bichard Straiton, then aged twelve years, attended a matinee movie performance at the Broadway Theatre in the City of…