Pattison v. Livingston Amusement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The.Livingston Amusement Company, from a judgment of the Supreme Court in favor of-the plaintiff, entered in the office of the clerk of the county of Kings on the 30th day óf October, 191-2, upon the verdict of a jury for $500, and also from an order entered in said Clerk’s office on the 9th day of November, 1912, denying the defendant’s motion for a new trial made upon the minutes..
1Per curiam
Plaintiff has failed to show herself to be free from negligence contributing to her injury. She testified' that when she entered upon the platform at the rear of the balcony in defendant’s theatre, it was “dark,” “very.dark,”so dark that she could not see any steps. " The seats "which she "had purchased were in the fifth row from the front. There was a sharp1 conflict of evidence, upon the question of the absence of light, but as she has persuaded the jury to accept her testimony as true, she in turn must accept the consequences thereof. She had been in the theatre before, she knew that there…
2Cases cited2 opinions
- Rohrbacher v. . GilligNew York Court of Appeals · 1911
- Bonnette v. MolloyAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by12 opinions
- Loew's Nashville & Knoxville Corp. v. DurrettCourt of Appeals of Tennessee · 1934
- Fergeson v. National Bank of CommerceCourt of Appeals of Texas · 1943
- Brown v. Associated Operating Co.Appellate Division of the Supreme Court of the State of New York · 1915
- O' Neill v. Chatham Phenix National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Decker v. Brooklyn Strand Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1927
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