City of Wink v. Griffith Amusement Co.

Mr. Chief Justice

Cureton delivered the opinion of the Court.

The full statement of the case in the opinion of the Court of Civil Appeals (78 S. W. (2d) 1065) will suffice for the purposes of this opinion.

The Griffith Amusement Company, a corporation, was engaged in operating a moving picture theatre in the City of Wink, in Winkler County. One day in each week it conducted what it designated as “Bank Night.” What the “Bank Night” feature was and how it was operated, and the result thereof, is stated in defendant in error’s petition in the following language:

“Plaintiff alleges that for several…