Boxoffice-August.16.1965

j
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POST A
CLOSED FOR
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YEAR
YOU INSTALL A
"CIRCLE-R"
IN-CAR l!^ HEATER
Assured Comfort "(^
Puts the heat throughout the car
Coll your theatre supply dealer now. Or write:
safe: walkways required
Continued from preceding page
passed the car on his way to the refreshment
stand. The basis of the action was
that the theatre owners had been negligent
in not providing a safe walkway to the refreshment
stand.
The appellate court held that, in view of
the uses of the premises, reasonable men
could differ as to whether this type of accident
was foreseeable. In determining
whether such a risk was unreasonable, the
court pointed out that the things to be
considered were whether the utility of the
owner's conduct was outweighed by the risk
of such accidents, the utility involved, the
social value of the activity, the probability
of harm and the likely extent of such harm.
The appellate court held that, since reasonable
men can differ as to this also, the
trial court had been wrong in sustaining a
demurrer to the complaint and thus throwing
the action out of court.
The appellate court pointed out that
questions of fact have been raised by the
complaint, since whether the patron walked
to the refreshment stand in such a way as
was apparently safe for a person in the
exercise of ordinary care was a question
that should have been left to the Jurs
determination.
Another problem in the case is that t;
premises were being used for a bingo gan,
which was an illegal activity. The coi;
pointed out, however, that the participatii
of the patron who was injured in t;
gambling activity was merely a conditii
present at the time of the injury and vk
not the proximate cau.se of the injury, 4
that he would not be barred from recovei.
The court pointed out that the accidet
and the personal injuries sustained by t)
injured plaintiff might have occurred wit;,
out the illegal activity, and therefore, t)
illegal activity had no relevancy to t*
accident.
This case raises certain important qu(L
tions with regard to the drive-in desij
which must be considered by drive-l
operators. The court, in holding that i
cause of action had been stated in t\
complaint, has indicated that drive-in thf
atres must be so constructed that th>
have safe walkways from the parked C'
areas to the refreshment stands. Whati
meant by "safe walkways" is largely u.-
determined by this particular com't sin;
the court felt that this, in itself, was
,
jury question." Tlierefore. this proble.
unresolved by the court, may continue
prove a difficult stumbling block for driv
in exhibitors.
Drive-In Theatre Mfg. Co.
709 NO. 6TH ST. KANSAS CrTY, KANSAS
FA 1-3978
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FOR MORE INFORMATION .
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on products and services advertised in
this issue of BOXOFFICE ... use the
handy Readers' Service Bureau coupon
on page 37. Just check and mail. Postage
is paid, too!
Two views of modern fwolane
cafeteria counter in Do
Drive- In Theatre, Metaire,
Lo., a Gulf States Theatres
airer. Counter, by Berlo
Vending, is in coppertone,
aqua and yellow with a gold
Heck.
Double checkout system is
used. At peak operation
four cashiers speed flow of
traffic.
In right hand corner of top
photo is separate room
where "we prepare pizzas
and serve drinks. We prepare
and sell anywhere from
ISO to 200 pizzas on any
good Friday, Saturday, Sunday
and holiday nights."
36 The MODERN THEATRE SECTIOl