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NASH v. STANLEY WARNER MANAGEMENT CORP.

No. 2622.

165 A.2d 238 (1960)

David Lee NASH, by and through his father and next friend, Roy L. Nash and Roy L. Nash, individually, Appellants, v. STANLEY WARNER MANAGEMENT CORP., a foreign corporation, trading as Tivoli Theater, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided November 16, 1960.

Attorney(s) appearing for the Case

Blaine P. Friedlander, Washington, D. C., with whom Mark P. Friedlander and Mark P. Friedlander, Jr., Washington, D. C., were on the brief, for appellants.

William T. Clague, Washington, D. C., with whom Allan C. Swingle, Washington, D. C., was on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

CAYTON, Acting Judge.

While the minor plaintiff was attending a motion picture theatre he was assaulted by other patrons. He and his father sued the theatre for damages. At the close of plaintiffs' case defendant theatre moved for a finding on the ground that there was no proof of negligence. The trial court denied the motion and defendant stood on the motion and offered no evidence. The court took the case under advisement and called for briefs, and later ordered...

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