Negligence – Duty of Care – Liability of Owner of Place of Amusement for Injury to Spectator Caused by Act of Third Person

Plaintiff, a spectator at a public wrestling match, sustained injuries when another spectator threw a filled Coca-Cola bottle into the crowd. A disturbance had been in progress for several minutes. The guards hired by defendant, the owner of the establishment, had made no effort to stop it. The bottle was grabbed from the tray of a drink vendor who had been instructed to retain all bottles and to serve drinks in paper cups only. The trial court granted a nonsuit. On appeal, held, reversed. The evidence of the owner’s negligence in not protecting the spectator from this injury sufficed to send the case to the jury. Sample v. Eaton, (Cal. App. 1956) 302 P. (2d) 431.