Peck v. Yale Amusement Co., No. 18548.
| Court | Missouri Supreme Court |
| Writing for the Court | Graves |
| Citation | 195 S.W. 1033 |
| Parties | PECK v. YALE AMUSEMENT CO. |
| Docket Number | No. 18548. |
| Decision Date | 01 June 1917 |
v.
YALE AMUSEMENT CO.
Appeal from Circuit Court, Jackson County; William O. Thomas, Judge.
Action by Rosa Peck against the Yale Amusement Company. Judgment for defendant, and plaintiff appeals. Affirmed.
Ellis, Cook & Barnett, of Kansas City, for appellant. Charles M. Bush and Roy W. Crimm, both of Kansas City, for respondent.
GRAVES, C. J.
Action for damage upon grounds of negligence. Defendant ran a picture show in Kansas City at 706 Main street, and plaintiff for several years had been a patron thereof. With the picture show was interspersed a vaudeville. The showroom consisted of a lower floor and a balcony. In the balcony the seats were arranged in rows, those at the back being higher than those in front. In other words, the balcony sloped from the rear to the front, or toward the stage. This necessitated a row of steps, downward from the rear to the front. Plaintiff seated herself in this balcony, and in departing therefrom by some kind of a misstep fell and was injured in the shoulder. She was an aged lady (60 years or more) doing a millinery business close (within a block or so) to this theater. From her testimony she seems to speak broken English, and her
testimony is very unsatisfactory. The charge of negligence is thus stated in the petition:
"That the defendant carelessly and negligently constructed, built, and arranged said rooms, and on said evening carelessly and negligently lighted, operated, maintained, and used said room, which said carelessness and negligence consisted more particularly in this, that there was out in the aisles on the north side of the house, opposite plaintiff's seat, and slightly in front thereof, a break in the floor, or a step down, so illy lighted as to be unseen by plaintiff when she rose to leave her seat at the end of one of the acts; whether this opening in the floor was a broken place in the floor, plaintiff is unable to state for the reason that plaintiff did not see the same. But plaintiff does state that it was so dark that plaintiff could not with ordinary care see where she was stepping, and that the place was such when she stepped out into the aisle that the heel of her foot caught on the edge of the opening and the rest of her foot went on over, causing her, by reason of said negligent lighting and construction and maintenance, to be thrown down, or to fall upon the floor and into...
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La Sell v. Tri-States Theatre Corp., No. 46250.
...Foran v. Buffalo Palace Corporation, 237 N.Y. 599, 143 N.E. 758 (nonsuit against plaintiff); Peck v. Yale Amusement Co., Mo.Sup., 195 S.W. 1033 (directed verdict for defendant). Of these authorities, the appellee states: “Appellee respectfully submits that the above cases hold as a matter o......
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La Sell v. Tri-States Theatre Corp., 46250.
...Foran v. Buffalo Palace Corporation, 237 N.Y. 599, 143 N.E. 758 (nonsuit against plaintiff); Peck v. Yale Amusement Co., Mo.Sup., 195 S.W. 1033 (directed verdict for defendant). Of these authorities, the appellee states: "Appellee respectfully submits that the above cases hold as a matter o......
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Capstick v. Sayman Products Co., No. 29228.
...148 Mo. App. 247; Vogt v. Wurmb, 300 S.W. 278; Mullen v. Sensenbrenner, 260 S.W. 982; Main v. Lehman, 294 Mo. 579; Peck v. Amusement Co., 195 S.W. 1033; Koenig v. Heitz, 282 S.W. 107; Chilberg v. Furniture Co., 34 L.R.A. (N.S.) 1079; Reeves v. 14th Street Store, 96 N.Y. Supp. 448; McIntire ......
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Bergstresser v. Minn. Amuse. Co., 8508
...of its patrons is ordinary and reasonable care. Rosston v. Sullivan, 278 Mass. 31, 179 N. E. 173; Peck v. Yale Amusement Co., Mo. Sup., 195 S. W. 1033; Jennings v. Tompkins, 180 Mass. 302, 62 N. E. 265; Dire v. Balaban & Katz, Inc., 241 111. App. 199; Stokes v. Commerce Realty Co., Tex. Civ......
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La Sell v. Tri-States Theatre Corp., No. 46250.
...Foran v. Buffalo Palace Corporation, 237 N.Y. 599, 143 N.E. 758 (nonsuit against plaintiff); Peck v. Yale Amusement Co., Mo.Sup., 195 S.W. 1033 (directed verdict for defendant). Of these authorities, the appellee states: “Appellee respectfully submits that the above cases hold as a matter o......
-
La Sell v. Tri-States Theatre Corp., 46250.
...Foran v. Buffalo Palace Corporation, 237 N.Y. 599, 143 N.E. 758 (nonsuit against plaintiff); Peck v. Yale Amusement Co., Mo.Sup., 195 S.W. 1033 (directed verdict for defendant). Of these authorities, the appellee states: "Appellee respectfully submits that the above cases hold as a matter o......
-
Capstick v. Sayman Products Co., No. 29228.
...148 Mo. App. 247; Vogt v. Wurmb, 300 S.W. 278; Mullen v. Sensenbrenner, 260 S.W. 982; Main v. Lehman, 294 Mo. 579; Peck v. Amusement Co., 195 S.W. 1033; Koenig v. Heitz, 282 S.W. 107; Chilberg v. Furniture Co., 34 L.R.A. (N.S.) 1079; Reeves v. 14th Street Store, 96 N.Y. Supp. 448; McIntire ......
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Bergstresser v. Minn. Amuse. Co., 8508
...of its patrons is ordinary and reasonable care. Rosston v. Sullivan, 278 Mass. 31, 179 N. E. 173; Peck v. Yale Amusement Co., Mo. Sup., 195 S. W. 1033; Jennings v. Tompkins, 180 Mass. 302, 62 N. E. 265; Dire v. Balaban & Katz, Inc., 241 111. App. 199; Stokes v. Commerce Realty Co., Tex. Civ......