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Marek v. Southern Enterprises, Inc.

Commission of Appeals of Texas
99 S.W.2d 594 (1936)

Facts

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.

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Issue

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Holding and Reasoning (Hickman)

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