94 N.J.L. 483 | N.J. | 1920
The opinion of the court was delivered by
The facts in this case are not seriously disputed and they are, that the defendant was conducting a theatre located on the north side of State street, in the city of Trenton, in which, at the time of the accident which resulted in the injuries to the plaintiff on which this action is based,
But two points are argued—(a) that the court refused to nonsuit or direct a verdict for 'the defendant upon the ground that the plaintiff contributed to the accident by her negligence in attempting to find a seat in the theatre while it was in total darkness; '(b) because the court charged the jury that the plaintiff had a right to assume when she arrived at the balcony that tire defendant had complied with the requirements of the law for her safety. The principal matter argued was that the evidence so conclusively exhibited the contributory negligence of the plaintiff that no- jury question remained, and this is rested upon the insistence that the defendant was not an insurer and not obligated by law “to pay the consequences of the plaintiff’s walking into- an obvious or highly
The .second point rests upon an alleged error in the charge of the court which was: “They have a right to assume that the company that invites them there has complied with. the requirements of law for their safety. Whether the plaintiff should have done something she did not do or whether she was negligent in attempting to move is a question for you.” The particular matter complained of in the instruction is, that the plaintiff had a right to assume the defendant had complied with the requirements of law for-her safety. It is urged by the appellant “that the vice of this portion of the charge is that it places on the defendant the whole duty, leaving to- the plaintiff the right to assume -an improbable, if not an impossible, thing.” This is not a fair interpretation. The instruction complained of is that the plaintiff had a right to assume that the company, as the owner of the theatre, had complied with the law for her safety. What the requirement of the law was in the given case was not defined, nor was there any request made by -the defendant that it should be defined. The abstract proposition stated by the- court was not error. A passenger on a railroad train is not guilty of contributory negligence because he assumes that the car he .had entered is supplied with all the safety appliances which the law requires,'and he has a right to govern his actions on the assumption that the company is using the appliances required by law.
The judgment will be affirmed; with costs.
For reve. rsal—None.