Plaintiff as patron of defendant's theater, while in the ladies' room located on one of the top floors of the theater, was assaulted and robbed. The testimony for the plaintiff showed an absence of attendants except on the main floor. At the end of the plaintiff's case the complaint was dismissed. Held, non-suit was erroneous; there was evidence from which the jury could infer that the defendant should reasonably have anticipated the happening of the incident and had failed to take reasonable precautions to guard against it. Hart v. Hercules Theatre Corp., (S. Ct. 1939) 13 N. Y. S. (2d) 1018.

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