¶1Heard upon demurrers to declarations.
¶2Action of negligence for injuries received by Ida Levin in a fall on a stairway of the Providence Opera House by reason of insufficient lighting and the wet and slippery condition thereof. The other action is brought by the husband.
¶3Demurrers set out no duty on proprietor to light such stairway, or to maintain same so that same should never become wet and slippery.
¶4Owners of buildings rented for business purposes are ordinarily not required to light stairways (Capen v. Hall, 21 R. I. 364).
¶5The measure of duty of the proprietor of a theatre is that he shall use care to keep the premises in a reasonably safe condition.
¶6Schofield vs. Wood, 170 Mass. 415.
¶7A person having paid admission to a theatre has a right to assume that the owner has provided a reasonably safe place.
¶8Lusk vs. Place, 132 N. Y. App. Div. 426.
¶9Duty of owner to keep premises safe for invitees extends to all portions of tke premises included in the invitation.
¶10Blood vs. Ausley, 231 Mass. 438.
¶11The stairways by which attendants at a theatre reach their seats are a portion of the premises included in the invitation. Such stairways should be kept' reasonably safe.
¶12The Court is of the opinion that this is a question of fact to be determined upon the evidence.
¶13Demurrer to first count overruled.
¶14The second count, alleging a slippery and dangerous condition of said stairway, does not allege that defendant knew or should have known such dangerous condition, nor does it allege any duty of inspection.
¶15Demurrer to second count sustained.