Branch v. Klatt

• Court: Supreme Court of Michigan
• Writing for the Court: STONE
• Citation: 131 N.W. 107,165 Mich. 666
• Decision Date: 08 May 1911
• Parties: BRANCH v. KLATT.

165 Mich. 666
131 N.W. 107

BRANCH
v.
KLATT.

Supreme Court of Michigan.

May 8, 1911.

Error to Circuit Court, Wayne County; James O. Murfin, Judge.

Action by Theresa Branch against William F. Klatt, doing business as the Bijou Theater. There was judgment on a verdict directed for defendant, and plaintiff brings error. Reversed.

Argued before OSTRANDER, C. J., and BIRD, HOOKER, BLAIR, and STONE, JJ.

[131 N.W. 107]

Patrick J. Kelaher (McHugh & Gallagher, of counsel), for appellant.

Luman W. Goodenough, for appellee.

STONE, J.

This is an action on the case to recover damages by reason of the alleged negligence of the defendant in failing to provide a safe entrance and exit to and from his theater, in not equipping the stairways with railings, and in not keeping the stairways lighted sufficiently, and in not otherwise, by signs or by attendants, apprising the

[131 N.W. 108]

plaintiff of the location of the various steps and stairways leading into the theater.

On October 21, 1909, the defendant maintained a five-cent moving picture theater, so called, known as the Bijou Theater, on the second floor of a building on Monroe avenue, in the city of Detroit. The theater was reached by entering the ground floor of the building on Monroe avenue, and then passing to the rear, where the stairway was situated.

IMAGE

The stairway consisted of several flights of steps, as shown by the annexed diagram, the entrance being at X. The first flight was distant seven feet from the southerly wall of the building, and consisted of eight steps. There was a platform at the head of this flight. At right angles to the first flight, and directly along the easterly wall of the building, there was a second flight of three steps, also ending in a platform which was set in the southeastern corner of the building. Parallel with the first flight, and at right angles with the second, a third flight of eight steps was erected along the south wall of the building, which brought one to the level of the second floor, at C. The stage of the building was at the west end, so that the stairway brought one in at the rear of the theater. There was a single aisle through the theater, in the center of the building, which, with the seats on either side, inclined up from the level of the stage. The last row of seats was thereby left considerably above the level of the floor of the building, and made necessary four additional steps after reaching the top of the third flight of stairs already mentioned. From the top of said third flight of stairs to the last row of seats is a distance of upwards of eight feet. Extending from a point a few inches north from the top step of said last flight to a point on the south wall, about five feet distant from the top of said third flight of steps, there is a single curved step (A, B), and beyond this step another platform extending northerly entirely across the building, and also extending westerly to the last row of seats. From this platform to the aisle of the theater there is a flight of three steps (M, N, O), the base of which is distant from said single curved step at the nearest point about two feet. At the time of the injury of the plaintiff there was no railing down this flight of three steps, nor over the single step.

At about 4 o'clock p. m. of the day named, the plaintiff visited this theater, bought a ticket and went up the stairway, reaching the seat without incident, and without paying any particular...