53 Ind. App. 69 | Ind. Ct. App. | 1913
— Appellee brought this action and recovered judgment for $1,500 damages for personal injuries occasioned by appellant’s negligence in maintaining steps in a dangerous condition in the gallery of English’s Opera House at Indianapolis. It is assigned as error and argued, (1) that the complaint does not state facts sufficient to constitute a cause of action; (2) that the court erred in overruling appellant’s motion for new trial, upon the grounds that the court erred in giving certain instructions to the jury, and in admitting certain evidence.
The charging portion of the complaint is in the following words: “The plaintiff, Mary F. Sloan, complains of defendant, The Yalentine Company, a corporation, and for cause of action avers that defendant maintains a public theatre, viz., English Opera House, wherein it presents for reward, public entertainments. That in said opera house certain aisles have been constructed and maintained on an elevation in excess of 45 degrees, with steps therein of uneven and irregular width, to wit, of the dimensions approximately of the tread at twelve and sixteen inches respectively. That for want of uniformity in tread of said steps they are deceptive and dangerous for one to descend if not familiar with said conditions. That on evening of February 8, 1908, defendant conducted a public entertainment in said theatre, and that during and prior to said performance, said defendant with notice and knowledge of uneven and irregular tread of said steps, did negligently and carelessly fail, neglect, and omit to furnish and provide light of sufficient candle power so as to efficiently disclose and expose said uneven and irregu
Judgment affirmed.
Note. — Reported in 101 N. E. 102. See, also, under (1) 31 Cyc. 771; (2) 38 Cyc. 268; (5) 38 Cyc. 1435. As to what duties theatre managers and proprietors owe their patrons, see 110 Am. St. 532. As to opinion testimony in respect of the probable effect had persons acted otherwise than as they did, see 71 Am. Dec. 538. As to expert witnesses and what they may testify to, see 66 Am. Dec. 228. On the question of the liability of one maintaining place of amusement to which the public are invited, for safety of patrons, see 3 L. R. A. (N. S.) 1132; 19 L. R. A. (N. S.) 772; 32 L. R. A. (N. S.) 713; 42 L. R. A. (N. S.) 1070 ; 5 Ann. Cas. 926; 15 Ann. Cas. 517.