Guchia v. Drofdeb Operating Co. , 216 A.D. 765 ( 1926 )

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).