Marek v. Southern Enterprises, Inc.
Commission of Appeals of Texas
99 S.W.2d 594 (1936)
Marek (plaintiff) attended a New Year’s Eve show at a theater operated by Southern Enterprises, Inc. (Southern) (defendant). Marek arrived close to midnight, and shortly after, some audience members began launching firecrackers inside the darkened theater. The explosions continued for several minutes. The lights in the theater remained out, and the identities of those igniting the firecrackers were unknown. One firecracker exploded near Marek’s head, injuring her and making her deaf in one ear. Marek sued Southern for negligence, alleging that Southern had failed to exercise ordinary care by not addressing the danger of the firecrackers when the explosions first began. The trial court found in favor of Marek and awarded her damages. The court of appeals reversed. Marek appealed.
Rule of Law
Holding and Reasoning (Hickman)
What to do next…
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 97,000 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.
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 177,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.