241 A.D. 633 | N.Y. App. Div. | 1934
The accident happened in the theatre of the defendants in the city of Troy on the 14th day of May, 1931, at about two o’clock in the afternoon. It rained hard all day. Rose Richman, the injured plaintiff, walked to the theatre, four blocks from her home. The sidewalks which she used were wet and muddy. She was wearing rubbers. On the outside of the theatre there was a marquee with a glass cover from the building to the curb. People Were going into the theatre with umbrellas which caused the lobby and floors to become wet and somewhat muddy. The floor of the theatre was concrete and was covered with a rubber composition which was cemented to the surface of the concrete floor and covered the entire aisle where the accident happened, It was in good condition. The picture had started at the time she arrived at the theatre. There were three fixtures lighted on the side with two bulbs in each fixture and the usual exit lights required by law were lighted. The defendants caused the floor to be mopped up every ten or fifteen minutes. Many people had used the theatre that afternoon and while some slipped Rose Richman was the only one who fell. It was the duty