THEATRE. A house in which a story is represented by human action upon the stage. Jacko v. State, 22 Ala. 73. A house for the exhibition of dramatic performances. Bell v. Mahn, 121 Pa. 225, 15 Atl. 523, 1 L. R. A. 364, 6 Am. St. Rep. 786, where it was held that the performance of an opera is a "the atrical exhibition" within a statute provid ing that no theatrical exhibition should be allowed without a license. The court said : "A theatre, among the ancients, was an edifice in which spectacles or shows were exhibited for the amusement of the specta tors; but in modern times a theatre is a house for the exhibition of dramatic per formances: a theatrical exhibition must be either such as pertains to a theatre or to the drama, for the representation of which the theatre is designed : Webster. A drama is a story represented by action : the rep resentation is as if the real persons were in troduced and employed in the action itself. It is ordinarily designed to be spoken, but it may be represented in pantomime, when the actors use gesticulation, sobietimes in the form Of the ballet, but do not speak; or in opera, where music takes the place of poetry and of ordinary speech, and the dramatic treatment is essentially different from ei ther." In an English case where the ques tion was, what was a "stage play" in the language of a statute, there was a room con taining a stage, foot lights, scenery, etc., and two living characters on the stage, while all the other characters were in the room below engaged in acting, speaking and danc ing, and were so reflected upon the stage by mirrors as to appear to be actually there ; it was held that the house was within the act, though the court was doubtful whether the performance of the actors in the room below was described by the term used in the statute; Day v. Simpson, 18 C. B. N. S. 680.
An edifice used for the purpose of dramat ic, operatic, or other representations or per formances for admission to which entrance money is received. The word does not import necessarily anything but the stage on which the actors play and the room in which the acting is done and seen; Lee v. State, 56 Ga. 477. Although the term has an extended signification and comprehendM a variety of performances, yet it is conceived that all which it does legitimately compre hend partakes more or less of the character of the drama; Jacko v. State, 22 Ala. 73.
It was there held that a theatrical perform ance does not include exhibitions of leger demain or sleight of hand.
A music hall is not a theatre; 21 Q. B. D. 569. Theatrical performances may include negro minstrel performances; Taxing Dist. v. Emerson, 4 Lea (Tenn.) 312; but not tum bling or fencing; King v. Handy, 6 T. R. 286. Where a statute prohibits the obstruction of passage-ways in a theatre, it should be lib erally construed, and does not give the pro prietor any discretion to allow persons to stand in the passage-ways, even though the number be not so great as to .prevent free exit in case of danger; Fire Department of New York v. Stetson, 14 Daly (N. Y.) 125. That a number of seats for a performance were sold after knowledge that the seats were filled is sufficient proof to sustain a judgment against the manager in the absence of evidence that such sale was in opposition to his wishes; id.
A theatre ticket is a mere license to enter the house and witness the performance and may be revoked at the pleasure of the mana ger; Wood v. Leadbitter, 13 M. & W. 838; Pearce v. Spalding, 12 Mo. App. 141; Johnson v. Wilkinson, 139 Mass. 3, 29 N. E. 62, 52 Am. Rep. 698; Collister v. Hayman, 183 N. Y. 250, 76 N. E. 20, 1 L. R. A. (N. S.) 1188, 111 Am. St. Rep. 740, 5 Ann. Cas. 344, where it was held that the operation of a theatre is not a business affected with a public interest and a condition making void tickets sold by scal pers was valid. See TICKET. In Drew v. Peer, 93 Pa. 234, it was held that the purchas er of a particular seat acquired more than a mere license; that his right was more in the nature of a lease, entitling him to peaceful ingress and egress and exclusive possession of the designated seats during the perform ance; but is Horney v. Nixon, 213 Pa. 20, 61 Atl. 1088, 1 L. R. A. (N. S.) 1184, 110 Am. St. Rep. 520, 5 Ann. Cas. 349, this was' said to be a mere dictum and Was disap proved, and it was held that a theatre ticket is a mere license, revocable before the holder has actually taken his seat, and that the only remedy is in assumpsit for breach of con tract. A ticket of .admission to a place of amusement is held a revocable license ; 227 U. S. 633. The remedy of the purchaser of a ticket for refusal of the proprietor to honor it is not in tort, but by action for breach of contract; Taylor v. Cohn, 47 Or. 538, 84 Pac. 388, 8 Ann. Cas. 527.