Reynolds v. Mion & Murray Co.

This action is primarily based on the theory that the defendants were negligent in that they built and maintained the theatre in such manner that as a result of their lack of ordinary care the plaintiff sustained an optical illusion of a rail which was not in fact in existence, and that her fall was occasioned by her reaching for this rail and not finding it. Her case must necessarily stand or fall with this allegation of negligence. The bannister was 26 inches high, higher than the knees of an average person, and 11 inches higher than the seat in which the plaintiff was sitting. She does not…