TORTS - LICENSEES - REVOCABILITY OF LICENSE GRANTED BY THEATRE TICKET

Plaintiff was forcibly ejected from defendant's theatre by defendant's employees and brought this action for damages for assault and battery. Defendant offered testimony attempting to justify the ejection on the ground that plaintiff was creating a disturbance. The trial judge instructed the jury that the question of plaintiff's conduct was immaterial and that a theatre owner could eject a patron at any time with or without cause. Held, that the instruction was erroneous.

Despite the revocable character of the license granted by a theatre ticket a theatre owner does not have the right to eject a patron without cause. Cummings v. St. Louis Amusement Co., (Mo. App. 1941) 147 S. W. (2d) 190.