Valentine Co. v. Sloan, No. 7,848.

• Docket Nº: No. 7,848.
• Citation: 101 N.E. 102, 53 Ind.App. 69
• Case Date: March 14, 1913
• Court: Court of Appeals of Indiana

53 Ind.App. 69
101 N.E. 102

VALENTINE CO.
v.
SLOAN.

No. 7,848.

Appellate Court of Indiana, Division No. 2.

March 14, 1913.

Appeal from Superior Court, Marion County; Charles Remster, Judge.

Action by Mary F. Sloan against the Valentine Company. Judgment for plaintiff, and defendant appeals. Affirmed.

W. H. H. Miller, C. C. Shirley, Samuel D. Miller, and W. H. Thompson, all of Indianapolis, for appellant. John H. Kingsbury, of Indianapolis, for appellee.

IBACH, C. J.

Appellee brought this action and recovered $1,500 damages for personal injuries occasioned by appellant's negligence in maintaining steps in a dangerous condition in the gallery of English's Opera House at Indianapolis.

It is assigned as error and argued (1) that the complaint does not state facts sufficient to constitute a cause of action; (2) that the court erred in overruling appellant's motion for new trial, upon the grounds that the court erred in giving certain instructions to the jury and in admitting certain evidence.

The charging portion of the complaint is in the following words: “The plaintiff, Mary F. Sloan, complains of defendant, the Valentine Company, a corporation, and for cause of action avers that defendant maintains a public theater, viz., English Opera House, wherein it presents for reward public entertainments. That in said opera house certain aisles have been constructed and maintained on an elevation in excess of 45 degrees, with steps therein of uneven and irregular width, to wit, of the dimensions approximately of the tread at 12 and 16 inches, respectively. That for want of uniformity in tread of said steps they are deceptive and dangerous for one to descend, if not familiar with said condition. That on evening of February 8, 1908, defendant conducted a public entertainment in said theater, and that during and prior to said performance said defendant, with notice and knowledge of uneven and irregular tread of said steps, did negligently and carelessly fail, neglect, and omit to furnish and provide light of sufficient candle power, so as to efficiently disclose and expose said uneven and irregular condition of said steps. That on evening of said February 8, 1908, at the invitation of defendant, plaintiff visited said theater and attended an entertainment given by defendant therein. That she paid, and caused to be paid, to defendant the reward charged by it therefor. That at the invitation and direction of defendant plaintiff entered said theater shortly before...