(Download) "Milasevich v. Fox Theatre Corp." by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Milasevich v. Fox Theatre Corp.
- Author : Supreme Court of Montana
- Release Date : January 15, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1. Theaters and shows ? Ordinary care required but owners not insurers of safety. A theater operator must use ordinary and reasonable care to have the premises reasonably safe and to warn patrons of any hidden or lurking danger therein and this includes safety from injury by animals, but he is not an insurer of the safety of patrons. 2. Theaters and shows ? Negligence ? Actionable negligence and test of. A theater patron suing for injuries sustained when bitten by a dog in a theater must prove "actionable negligence", and the test of actionable negligence is not what might have prevented a particular accident, but what reasonably prudent men would have done in discharge of their duties under the circumstances. 3. Theaters and Shows ? Evidence shows reasonable care. Where the evidence showed that every reasonable effort was made - Page 266 by theater employees to keep the dog out and to promptly eject it after it had entered negligence on the part of the theatre was not established. 4. Appeal and Error ? Evidence viewed most favorably for plaintiff. On defendants appeal from judgment for plaintiff, evidence would be viewed in light most favorable to plaintiff and where the case had been twice tried upon substantially same evidence, a new trial would not be directed but the cause would be remanded with directions to dismiss the action.