This section contains the nature of the case and procedural background.

P and others attended the theatre about midnight on December 31, 1931, for a New Year's Eve performance. Shortly after P was seated some unidentified persons in the theatre began throwing firecrackers and torpedoes over the auditorium. This “unplanned” extra show went on for several minutes. The lights in the theater remained out during this time and as to who was throwing the firecrackers; no one knew. One exploded near P's head, causing her to suffer the loss of hearing of one ear. P sued D for negligence alleging in part a failure to exercise ordinary care to stop the disturbance. The trial court found for P and awarded damages. The Court of Appeals reversed. P appealed.

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