Master v. Alsina
| Decision Date | 29 November 1943 |
| Docket Number | 17925. |
| Citation | 15 So.2d 660 |
| Court | Court of Appeal of Louisiana — District of US |
| Parties | MASTER v. ALSINA et al. |
Mrs Emily Master, in pro. per.
William H. McClendon, Jr., of New Orleans, for appellees Joseph Alsina, U.S. Fidelity & Guaranty Co.
This is a suit for damages against the owner of a neighborhood motion picture show and his liability insurance carrier. Plaintiff Mrs. Emily Master, alleges that, on November 16, 1939, she attended a performance at the Famous Theatre located at 1537 Marigny street in the city of New Orleans; that the theatre was very overcrowded, due to the fact that it was "Bank Night" at which cash prizes were awarded to the patrons by the management of the theatre; that patrons were permitted to stand in the aisles; that, at the conclusion of the first performance and the drawing of the prizes, she left her seat and, while proceeding down the center aisle of the theatre in making her way to the exit, she was pushed down by some of the other patrons, who were leaving the show at the same time and that, as a result, she suffered personal injuries consisting principally of a sprained thumb. She further alleges that the defendant owner of the motion picture theatre was guilty of negligence, in that he permitted the theatre to become overcrowded in violation of Municipal Ordinance No. 6112, Commission Council Series, which prohibits the proprietor of any theatre from allowing its patrons to stand or be seated in the aisles, lobbies entrances or exits of the theatre, and in that he failed to provide a sufficient number of ushers to properly handle the numerous persons attending the performance.
After interposing an exception of no cause of action to plaintiff's petition which was overruled by the trial court, the defendants answered and denied that the operator of the theatre was guilty of any negligence whatever. They set forth that, on the night of the alleged accident, the theatre was not overcrowded and that a sufficient number of ushers were employed to adequately handle the patrons attending the show. They further pleaded in the alternative that, if the court should find that the operator of the theatre was at fault in any respect, then plaintiff was guilty of contributory negligence and that, at all events she had assumed the risk with respect to the conditions obtaining at the picture show at the time of the accident.
After a hearing in the trial court on the foregoing issues, there was judgment in favor of defendants and plaintiff's suit was dismissed. She has appealed.
It is manifest, from a recitation of the pleadings in this case that the question involved for determination is purely one of fact, as the law of the case is well settled. The owner of a theatre is not an insurer of the safety of his patrons. He is, however, liable for injuries sustained by them as a consequence of his neglect to keep his theatre in repair; for his failure to provide adequate safeguards for their use of the premises and for his failure to anticipate, and provide means to obviate, dangerous...
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