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Arenson v. Skouras Theatres Corp.

Decided: July 20, 1943.

MARTIN ARENSON, PLAINTIFF-RESPONDENT,
v.
SKOURAS THEATRES CORPORATION, A CORPORATION AUTHORIZED TO DO BUSINESS IN NEW JERSEY, DEFENDANT-APPELLANT



On appeal from the Hudson County Court of Common Pleas.

For the defendant-appellant, Carey & Lane (Harry Lane and David A. Pindar, of counsel).

For the plaintiff-respondent, S. Arthur Schnitzer (Murray Greiman, of counsel).

Before Brogan, Chief Justice, and Justices Bodine and Colie.

Colie

The opinion of the court was delivered by

COLIE, J. Plaintiff, Martin Arenson, brought suit against the respondent, Skouras Theatres Corporation, seeking damages for injuries suffered through the alleged negligence of defendant, its agents or servants. The specific allegation of negligence was that "the plaintiff was led and guided to a seat or permitted to seat himself in a seat which immediately prior thereto had been washed or cleaned or painted with a cleaning fluid or mixture containing ingredients harmful to skin and flesh, and which was not yet dry and which the defendant corporation, by its agents and servants, should have been roped off or caused to be roped off or guarded so that nobody including this plaintiff would seat themselves therein." The jury returned a verdict for the plaintiff.

We are urged to reverse the judgment for error in refusing defendant's motions for nonsuit and direction of verdict in

its favor and also for alleged error in the admission of evidence.

We first deal with one of the grounds of appeal directed to the admission of testimony from the plaintiff as to what an usher said to the manager of the theatre after the occurrence. When plaintiff discovered that he had sat on a wet seat, he went to the usher and told her he would like to see the manager. She took him to the manager and plaintiff told him what had happened. At this point the court took over the examination as follows:

"Q. Will you now answer the court's question, what did he say to you?

"Mr. Pindar: I object.

"The court: You have already got your objection. It is the same ...


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