Thomas v. Springer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John H. Springer, 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 2oth day of March, 1909, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 28th day of April, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The action is for negligence. The plaintiff attended a performance at a theater of which the defendant was the lessee, and was given a seat directly under a spotlight apparatus located at the rail of the top balcony. During the performance the operator of the spotlight, one Eckstein, dropped a slide and it struck the plaintiff *641on the head, causing, as she claims, serious and permanent injury to her nervous system. The play “ M’lle. Sally,” was being presented by the John C. Fischer Company, a corporation, pursuant to contract between it and the defendant. The contract provided that…
2Cases cited8 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Hannon v. . Siegel-Cooper Co.New York Court of Appeals · 1901
- Leggett v. . HydeNew York Court of Appeals · 1874
- Thompson v. Lowell, Lawrence, & Haverhill Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Lewis v. . Long Island Railroad Co.New York Court of Appeals · 1900
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3Cited by5 opinions
- McDaniel v. State Fair of TexasCourt of Appeals of Texas · 1926
- Hartman v. Tennessee State Fair Ass'nTennessee Supreme Court · 1915
- Sullivan v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Oles v. Columbia County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1932
- Thomas v. SpringerAppellate Division of the Supreme Court of the State of New York · 1910