Torts keyed to Robertson
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East Texas Theatres, Inc. v. Rutledge
Facts
While at the defendant’s place of business, a movie theatre, the plaintiff watched a movie from a main floor. The theatre also had a balcony where patrons could watch from. During the movie, several items were thrown from the balcony including paper cups. There was a lot of commotion coming from the balcony as well. As the plaintiff was walking up the aisle after the movie, someone threw a whisky bottle from the balcony, striking her in the head. No one knew who threw the bottle. The plaintiff claimed negligence for failing to remove the disruptive patrons throughout the movie.
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