Appellate Division of the Supreme Court of New York, 1926

Guchia v. Drofdeb Operating Co.

Guchia v. Drofdeb Operating Co.
Appellate Division of the Supreme Court of New York · Decided March 15, 1926
216 A.D. 765
Guchia v. Drofdeb Operating Co.

Opinion of the Court

Judgment upon nonsuit reversed upon the law and new trial granted, with costs to abide the event. We think the invitation to the plaintiff to come down to the seats, followed by the sudden darkening of the theatre while she was on her way, presented a question of fact for the jury. Kelly, P. J., Rich, Young and Lazansky, JJ., concur; Kapper, J., dissents upon the authority of Pattison v. Livingston Amusement Co. (156 App. Div. 368).

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