Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

East Texas Theatres, Inc. v. Rutledge

Supreme Court of Texas
453 S.W.2d 466 (Tex. 1970)


Sheila Rutledge (plaintiff) attended a midnight movie at a theater owned by East Texas Theatres, Inc. (East Texas) (defendant). The theater had both main-floor and balcony seating. Rutledge watched the movie from a seat on the main floor. Throughout the show, the patrons were intermittently boisterous. Hollering and noise came from all over the audience and did not seem to issue from any particular group. Some paper cups from cold drinks were thrown from the balcony to the main floor. Before the conclusion of the movie, the commotion had ceased altogether. After the movie, Rutledge began to make her way out of the theater. As she proceeded up an aisle toward the exit, a person in the balcony threw a whiskey bottle to the main floor, striking Rutledge on the side of her head. No one saw who threw the bottle. Rutledge sued East Texas for negligence, claiming its failure to remove rowdy patrons from the theater was the cause of Rutledge’s injuries. A jury found in favor of Rutledge, awarding her $31,250 in damages. The court of appeals affirmed. East Texas petitioned the Supreme Court of Texas.

Rule of Law


Holding and Reasoning (Smith, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 486,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 486,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial