Paramount-Richards Theatres v. Price

Decision Date11 June 1951
Docket NumberNo. 37980,PARAMOUNT-RICHARDS,37980
Citation211 Miss. 879,53 So.2d 21
PartiesTHEATRES, Inc. v. PRICE.
CourtMississippi Supreme Court

Brandon, Brandon, Hornsby & Handy, Natchez, for appellant.

Laub, Adams, Forman & Truly, Natchez, for appellee.

McGEHEE, Chief Justice.

On the night of April 8, 1948, the plaintiff, Mrs. T. J. Price, sustained a severe injury in a fall while descending some steps in the well lighted marquee of the theatre of Paramount-Richards Theatres, Incorporated, immediately after leaving the dark auditorium and about 10 o'clock in the evening where she had seen a picture show. She filed this suit on December 19, 1949, and thereafter recovered damages in the sum of $5,000 for such personal injury.

The plaintiff was then 68 years of age, had frequently attended the picture shows at this theatre and had theretofore been assisted by her son-in-law in descending the steps; he was not with her on this particular evening. The steps were 7 in number, including the top landing, and the length of each step running north and south, was approximately 18 feet and 2 1/2 inches. The width of each step, that is that part which a person steps on, was approximately 18 1/2 inches, and the height or depth from one step to another, sometimes referred to as the riser, was 6 inches. The complaint is, according to the declaration, that these steps were too narrow, and that the theatre had placed on the third step from the top a mirrored post, approximately 8 inches square, located somewhat nearer to the north end of the steps than to the south end thereof. This post extended all the way to the ceiling. The patrons of the show would depart through a double door either to their right or left of the post when coming out of the theatre. It is neither alleged nor shown that this post constituted an obstruction to the convenient egress of the patrons from the show as they went down these steps towards the street. The complaint is that the mirrored post was calculated to distract the attention of one descending the steps and to cause them to look into the mirror instead of at the steps where they were walking; that the placing of the mirrored post on the steps was wholly unnecessary, served no purpose other than to adorn or decorate that part of the building outside of the auditorium and that the placing of this mirrored post on the steps amounted to a failure on the part of the defendant theatre to exercise reasonable care to maintain its premises in a reasonably safe condition for the ingress and egress of its patrons.

The most important fact in the case is that the steps were not only reasonably safe but were altogether safe, and it is not alleged that they were in any manner defective or insubstantial, except that it is alleged in the declaration that they were too narrow, and this allegation was conclusively shown to be untrue by the undisputed evidence in the case. Specifically it should be observed that the plaintiff does not make the contention that the mirrored post and the artificial lighting in any manner caused a reflection from the mirror into the steps that would give them a distorted appearance. Her complaint is that as she looked in the mirror on her right side at her feet while descending the steps, that the steps as they appeared to extend through the mirror 'looked wider' therein, and that she, therefore, became confused and fell. This being true, the proximate cause of her injury was her failure to look where she was walking. We are unable to see how any different situation would have been presented if there had been a mirror in the wall at the end of the steps instead of on the post.

It is suggested that the owner of the theatre should have anticipated that its patrons in descending the steps would look into a mirror off to one side of where they were walking. But, it is likewise true that it should have been anticipated that the patrons would look at the advertisements of coming attractions that were displayed on the wall at the end of the steps, and which advertisements are disclosed in the photographs contained in the record before us, but these considerations do not impose liability upon the defendant for an injury that was not reasonably foreseeable as a probable consequence of the manner in which the premises were being kept and maintained.

Under the decision in the case of Mauney v. Gulf Refining Co., 193 Miss. 421, 8 So.2d 249, 9 So.2d 780, the Court is not justified in standing on the vantage ground of what did happen on the occasion complained of and look back in the direction from effect to cause, but we must go back and view the situation from the standpoint of foreseeability before the accident occurred and determine whether or not there was a failure to exercise reasonable care to maintain the premises in a reasonably safe condition to avoid the real probability of an accident. The owner of the premises is not required to anticipate an unusual and improbable result, such as the injury sustained by the plaintiff in this case. The owner is merely required to anticipate a result that is more apt to happen than not to happen, that is to say he must anticipate only such a result as is reasonably foreseeable as a probable consequence of his act. Gulf Refining Co. v. Williams, 183 Miss. 723, 185 So. 234; Louisiana Oil Corp. v. Davis, 172 Miss. 126, 158 So. 792. Doubtless it had never occurred to any one of the hundreds of patrons who had been using these steps prior to the accident, and while this post was being maintained in the location where it was when this accident occurred, that any accident would probably occur as reasonably foreseeable by reason of the maintenance of this mirrored post on the steps. The plaintiff herself had frequented the picture show on many previous occasions, and according to her testimony had never observed the presence of this post until the occasion of this accident.

The testimony of the plaintiff, upon whom the burden of proof rested in the case, is for the most part not clear and understandable as to just what caused her to stumble and fall, but she was asked the following questions and gave the following answers thereto which are clearly understandable. She was asked:

'Q. Did you see your feet, or in the mirror? A. I seen them in the mirror.

'Q. Did you ever look down in front of you as you came down? A. No, sir, looked at my feet.

'Q. In the mirror? A. Yes. Then, the steps looked larger.

'Q. Why, in coming down the steps, didn't you look in front of you and look at the steps? A. I don't know why I didn't, but I didn't.'

The appellee cites the case of Daniel v. Jackson Infirmary, 173 Miss. 832, 163 So. 447, 448, and particularly the portion thereof which reads as follows: 'It is not to be denied that there is some inharmony among the numerous cases dealing with the subject, but all are in substantial accord upon the rule that the owner or person in control of a building, such as is here under consideration, must exercise reasonable care to so construct and maintain the floors therein as that they shall be reasonably safe for those who have the right to use them, when and while the users are themselves exercising reasonable care in that use.' Without regard to whether or not the foregoing rule was applicable against an invitee, we are of the opinion that there is no...

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  • Touche Ross & Co. v. Commercial Union Ins. Co., 56753
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    ...So.2d 480, 489 (1965), the defendant is not required to anticipate an "unusual or improbable result," Paramount-Richards Theatres v. Price, 211 Miss. 879, 887, 53 So.2d 21, 22 (1951), or other "remote possibilities," Wright v. Illinois Central Railroad Co., 196 Miss. 150, 155, 16 So.2d 381,......
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    ...as licensees are concerned. Sturdivant v. Crosby Lumber & Mfg. Co., 218 Miss. 91, 65 So.2d 291 (1953); Paramount-Richards Theatres, Inc. v. Price, 211 Miss. 879, 53 So.2d 21 (1951); Mauney v. Gulf Refining Co., 193 Miss. 421, 8 So.2d 249 (1942), 9 So.2d 780 In the past as here, we have been......
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    ...Miami Coin-O-Wash, Inc. v. McGough, 195 So.2d 227 (Fla.1967). We said in another 'slip and fall' case, Paramount-Richards Theatres v. Price, 211 Miss. 879, 53 So.2d 21 (1951), that the owner of premises is not required to anticipate an unusual and improbable result such as the injury sustai......
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