Brister v. Flatbush Leasing Corp.

Kelly, J.:

The trial justice granted defendant’s motion to dismiss at the end of plaintiff’s case in chief and the appeal is from the judgment *295entered on the nonsuit. The appeal from the order dismissing the complaint should be dismissed, without costs.

The plaintiff, a boy of the age of fourteen years, had purchased a ticket for the matinee performance at defendant’s theatre and had entered the theatre with two boy companions. The seats were not satisfactory, and before the performance commenced the boys determined to leave and return to the matinee on the following day. Plaintiff and one of…