Horney v. Nixon
Supreme Court of Pennsylvania
Appeal, No. 356, Jan. T., 1904, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March Term, 1904, No. 1600, on verdict for defendant in case of Wilbur Horney v. Samuel F. Nixon and J. Fred Zimmerman, trading as Nixon & Zimmerman. Trespass for failure to supply seats at a theater reserved by tickets bought in advance. Before Willson, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant.
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Appeal, No. 356, Jan. T., 1904, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March Term, 1904, No. 1600, on verdict for defendant in case of Wilbur Horney v. Samuel F. Nixon and J. Fred Zimmerman, trading as Nixon & Zimmerman. Trespass for failure to supply seats at a theater reserved by tickets bought in advance. Before Willson, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Yerdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Lewis J. Somers, the father-in-law of the plaintiff, purchased from the Columbia Field Club eight tickets for a theatrical performance to he given on February 26, 1904, at a theater in the city of Philadelphia under the management of the appellees. They had issued a certain number of tickets to the club, to be sold by it, as the performance was to be for its benefit. After the tickets had been issued to it a fire commission, appointed by the mayor of the city, directed the aisles of the theater to be widened as a measure of greater safety to the public by removing…
2Cases cited7 opinions
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