Negligence — Possessor of land — Condition — Business visitor — Theaters — Duty — Burden of proof — Illumination — Stairways — Restatement, Torts.
1. One maintaining a theater or similar place of amusement for which admission is charged is not an insurer but must use reasonable care in the construction, maintenance and management of it, having regard to the character of the exhibitions given and the customary conduct of patrons invited. [613]
2. Restatement, Torts, section 343, cited. [613]
3. The burden is upon a plaintiff who so asserts to prove that defendant was negligent in maintaining its theater. [617-18]
4. In an action for injuries sustained by plaintiff when he fell on the step of an aisle in defendant's theater, it was Held that the evidence was insufficient to establish that defendant was negligent (1) in failing to illuminate adequately the stairway or (2) in the maintenance or construction of its stairs, and that (3) the evidence conclusively established that plaintiff was contributorily negligent. [609-23]
Argued November 29, 1946.
PER CURIAM, January 6, 1947:
The judgment of the court below is affirmed on the opinion of Judge CRUMLISH.