East Texas Theatres v. James C. Rutledge

This is a damage suit alleging personal injuries were sustained by Sheila Rutledge, on or about September 25, 1966, while attending a midnight movie in a theatre owned and operated by East Texas Theatres, Inc. Subsequent to the date of the alleged injury, Sheila married Roy Voyles. The suit was brought by Sheila, joined by her husband, against East Texas Theatres, Inc. alleging that certain acts of negligence on the part of the theatre were a proximate cause of the injuries Sheila sustained while a patron of the theatre. The parties shall be designated as plaintiffs and defendant or by name. The jury found the defendant guilty of negligence in failing to remove certain unidentified "rowdy persons" from the theatre and that such negligence was a proximate cause of Sheilas injuries. Damages were assessed by the jury at $31,250.00. Based upon the jury findings, the trial court entered judgment for the plaintiffs. The Court of Civil Appeals has affirmed. 445 S.W.2d 538. We reverse the judgments of both courts and here render judgment that the plaintiffs take nothing.