Mayberry v. Cage

2 Citing cases

  1. Reyes v. Peoria Forrest Hill Dev. Co.

    2018 Ill. App. 3d 180017 (Ill. App. Ct. 2018)

    ¶ 16 "Moving picture theatres are necessarily dark while the pictures are being shown, and the lighting of the aisles and walks must be subdued." Mayberry v. Cage, 322 Ill. App. 655, 660 (1944). The defendant violates no duty to its patrons "if the condition of light was that ordinarily used in exhibiting moving pictures to enable the audience to get a reasonably clear view of the image thrown on the screen."

  2. Karabatsos v. Spivey Co.

    364 N.E.2d 319 (Ill. App. Ct. 1977)   Cited 12 times

    • 8 To summarize, therefore, we find that the evidence was in conflict on the issues raised by the defendant. It is the function of the jury, not this court, to resolve these conflicts ( Mayberry v. Cage (1944), 322 Ill. App. 655, 54 N.E.2d 619; Pfister v. West (1964), 53 Ill. App.2d 305, 203 N.E.2d 35), and this court will not disturb the jury finding when the evidence is nearly balanced or even where the verdict may appear to be against the weight of the evidence. 2 Ill. L. Prac. Appeal Error § 778 (1953).