Foran v. Buffalo Palace Corp.

Headnote

Negligence — theatres — injury to one leaving theatre in dark by falling from platform, on which seat rested, into aisle.

Foran v. Buffalo Palace Corpn., 202 App. Div. 784 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 9, 1922, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant. Plaintiff, while leaving defendant’s motion picture theatre; which at the time was dark, fell into the aisle which was five or six inches lower than the platform on which her seat rested. The trial court held that plaintiff had failed to prove negligence on the part of defendant or her own freedom, from contributory negligence.