Horney v. Nixon

Citations

• 213 Pa. 20
• 61 A. 1088
• 1905 Pa. LEXIS 367

Syllabus

<p>Theaters — Tickets—Contract—Trespass—Form of action.</p> <p>The proprietor of a theater is a private individual, engaged in a strictly private business, which, though for the entertainment of the public, is always limited to those whom he may agree to admit to it. There is no duty, as in the case of a common carrier, to admit every one who may apply and be willing to pay for a ticket, for the theater proprietor has acquired no peculiar rights and privileges from the state, and is, therefore, under no implied obligation to serve the public. When he sells a ticket he creates contractual relations with the holder of it, and whatever duties on his part grow out of these relations he is bound to perform, or respond in damages for the breach of his contract, if it is of that only that complaint can be made.</p> <p>A theater ticket being a mere license to the purchaser which may be revoked at the pleasure of the theatrical manager, upon such revocation, if the person attempts to enter, or if, having previously entered, he refuses to leave upon request, he becomes a trespasser, and may be prevented from entering or may be removed by force, and can maintain no action of tort therefor. His only remedy is by an action on the contract to recover the money paid for the ticket and damages sustained by the breach of the contract implied by the sale and delivery of such ticket.</p> <p>In an action against the proprietors of a theater it appeared that the plaintiff held two reserved seats for a particular performance. Before the evening of the performance the municipal authorities ordered certain end seats of aisles to be removed. This was done, and in the confusion resulting from the sale of seats thereafter, the seats of the plaintiff were sold to other parties. The plaintiff’s two seats had been originally purchased in connection with six others, all to be used by one family. When the plaintiff and his family presented their coupons they were informed that they could not under