216 Mich. 373 | Mich. | 1921
Defendant conducts an amusement park near the city of Benton Harbor. Among its attractions is an artificial lake or pond where aquatic exhibitions are given. By its side is a platform or stand with seats to which an admission fee of 10 cents is charged. In the aisle - leading down to the front seats is a drop or step of 14 inches. It is the claim of the plaintiff that on the occasion of the accident she in company with her husband and some friends visited defendant’s amusement park; that sometime after 9 o’clock they went into this stand to witness an exhibition on the lake, her husband paying the admission fee for the party; that she had never been there before;- that the place was dark; that in going down the aisle she suffered a fall when she reached the step which she could not see by reason of the darkness, resulting in injuries for which she seeks recovery 'in this case. It is her claim that she
“This was a place where the public were invited. Can it be said, as a matter of law, that a person seeking to leave a public theater, and following the only path leading to an exit, should apprehend that that path contained an unsafe place or a pitfall, or the like, and yet such was claimed to be the condition; of the plaintiff’s only path of egress at the time in question, as appears from her testimony. We think, to say the least, that, under the evidence, this question was one for the jury under proper instructions, and that the trial court erred in directing a verdict for the defendant (citing numerous cases).”
The trial judge made a proper disposition of the case and the judgment must be affirmed.