Shellman

Shellman v. Hershey

Good Law
1916 Cal. App. LEXIS 398·31 Cal. App. 641·161 P. 132
Court of Appeal of CaliforniaOctober 7, 1916Civ. No. 1568.California5,120 words

Opinion

Lead Opinion

Chipman, J.

This is an action commenced hy plaintiffs to recover damages for an injury suffered by plaintiff Nancy Shellman in passing out through a doorway of the Woodland Opera House owned by defendants, the Hersheys, and under lease to defendants Henry and Giesea. The cause was tried by the court without the aid of a jury, and plaintiff had judgment for two thousand dollars and costs of suit.

Defendants, the Hersheys, moved for a new trial which was denied. They appeal from the order. Defendants Henry and Giesea appeal from the judgment on a separate transcript No. 1569, but do not appeal from the order.

The Woodland Opera House is situated on Second Street of the city of Woodland. The main entrance and exit oi the auditorium is on Second Street at the southeast corner of the building. Along the east wall opening into the auditorium, about midway of the building, is a door opening from the dress-circle. It was in stepping out of this door that plaintiff, • Mrs. Shellman, fell and received the injury of which she complains. The interior of the opera house is similar to most playhouses. In the center next to the stage is the parquet ’ surrounding the parquet by a half-circle are the…

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