Ella Durning v. Samuel Hyman

Opinion by

Gawthrop, J.,

The minor plaintiff, a girl of thirteen, was a pairo o of a moving picture theatre operated by defendant. When she took her seat one side of it gave way, causing her to be thrown to the floor. Personal injuries resulted. At the trial of the action instituted to recover damages, 'she and one of her companions testified that the seat “broke.” Defendant offered evidence that he had exercised reasonable care in providing a safe seat and had a proper inspection made every day for the purpose of maintaining the seats in proper order. The verdict was for plaintiffs. The sole…