Marek v. Southern Enterprises, Inc.
Commission of Appeals of Texas
99 S.W.2d 594 (1936)
Relevant factsFree
Marek (plaintiff) attended a New Year's Eve show at Southern's (defendant) theater, where audience members began setting off firecrackers in the darkened auditorium for several minutes with the lights left off and no one identifying or stopping the culprits; a firecracker exploded near Marek's head, injuring her and causing partial deafness. The trial court found for Marek, but the court of appeals reversed, and Marek appealed.
IssueFree
Whether, if danger arises in an entertainment venue, the proprietor has a duty to exercise ordinary care to prevent injuries to patrons.