Savannah Theaters Co v. Brown

• Decision Date: 24 January 1927
• Docket Number: (No. 17620.)
• Citation: Savannah Theaters Co v. Brown, 136 S.E. 478, 36 Ga.App. 352 (Ga. App. 1927)
• Parties: SAVANNAH THEATERS CO. v. BROWN.
• Court: Georgia Court of Appeals

36 Ga.App. 352

136 S.E. 478

SAVANNAH THEATERS CO.

v.BROWN.

(No. 17620.)

Court of Appeals of Georgia, Division No. 2.

Jan. 24, 1927.

(Syllabus by the Court.)

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

Suit by C. E. Brown against the Savannah Theaters Company.Judgment for plaintiff, and defendant brings error.Affirmed.

Seabrook, Kennedy & McWhorter, of Savannah, for plaintiff in error.

Oliver & Oliver and John Z. Ryan, all of Savannah, for defendant in error.

JENKINS, P. J. Brown brought suit against the Savannah Theaters Company for expenses incurred in the treatment of his wife on account of injuries received by her in its building.The petition alleges that she attended a performance in the defendant's theater, having first paid her admission; that she sat in the balcony on the second floor; that during the performance a group of small boys in the balcony were making a disturb ance, which was not checked by the defendant, although the misconduct was known to it; that at the conclusion of the performance, the plaintiff's wife started down the stairs among a crowd of other patrons of the theater; that the passageway was dimly lighted, and the bright light at its end served only to temporarily blind her and she was compelled to feel her way down the stairs; that the crowd of small boys in the rear who had been creating the disturbance began pushing and shoving the crowd; that there was a large hole in the rubber matting on the third step above the first landing; and that "in the excitement caused by the pushing and shoving in her rear, "she suddenly caught her heel in the hole, lost her balance, and fell down the three steps...