293 Mass. 83 | Mass. | 1935
This is an action of tort to recover compensation for personal injuries sustained by the plaintiff while a patron in a moving picture theatre, operated by and in the control of the defendant. .
There was evidence tending to show that the plaintiff shortly after two o’clock in the afternoon went to the theatre, where she met her nephew, who was eleven years old; that
At the close of the evidence the plaintiff made twelve requests for rulings. Those numbered 1, 2, 4, 6, 9 and 12 were given by the trial judge, who found for the defendant. The third request was: “If the theatre and the aisle down which the plaintiff followed the usher for a seat, were then darker than was reasonably necessary for a proper showing of the picture, the defendant violated its duty to the plaintiff to keep its theatre in a reasonably safe condition.” As to this request the judge stated: “Facts, not so found. And I now add, theatre not darker than was reasonably
The trial judge found as a fact that the defendant was not negligent. Such a finding will not be set aside if it can be supported on any “reasonable view of the evidence with all rational inferences of which it is susceptible.” Ashapa v. Reed, 280 Mass. 514, 516. This finding upon the evidence presented was not erroneous as matter of law. Moss v. Old Colony Trust Co. 246 Mass. 139, 143. Holton v. Denaro, 278 Mass. 261, 262. Castano v. Leone, 278 Mass. 429. The burden of proving negligence of the defendant rested on the plaintiff. As was said by this court in Winchester v. Missin, 278 Mass. 427, at page 428: “The trial judge might have discredited all the testimony tending to support the plaintiff’s contention.” The order of the Appellate Division fails to show any prejudicial error.
Order of Appellate Division dismissing report affirmed.