Sellmer v. Ringling

Citations

• 62 Pa. Super. 410
• 1916 Pa. Super. LEXIS 439

Syllabus

<p>Negligence — Circus—Defective seating stand — Inspection.</p> <p>In an action by a woman against the proprietor of a circus to recover damages for injuries to her foot, a judgment and verdict for plaintiff will be sustained where the evidence offered on behalf of the plaintiff tends to show that plaintiff’s foot was caught and injured between two boards as she was descending from her seat after a performance; that as she trod on a board it gave way under her, and her foot was pinched between two boards, one of which overlapped the other; that a stringer which should have been placed under the spot where the two boards overlapped was out of place; and that a reasonable inspection on the part of the defendants would have disclosed this fact.</p> <p>The proprietor of a circus is not a warrantor or insurer that the stand occupied by the spectators is absolutely safe, but he impliedly warrants that it is safe for the purpose intended, save only as to those defects which are unseen, unknown and undiscoverable.</p>