East Texas Theatres, Inc. v. Rutledge

453 S.W.2d 466 · Texas Supreme Court · 1970

Facts

Sheila Rutledge was injured by a bottle thrown from a movie theatre balcony by an unidentified person. A jury found the theatre negligent for failing to remove "rowdy persons" and that this negligence proximately caused her injuries, a finding affirmed by the Court of Civil Appeals.

Issue

Did the plaintiffs present sufficient probative evidence to establish the "cause in fact" element of proximate cause, specifically that the theatre's failure to remove "rowdy persons" was the cause of Sheila's injuries?

Holding

No. The Supreme Court reversed the lower courts, holding there was no evidence to support the jury's finding that the theatre's failure to remove "rowdy persons" was the proximate cause of Sheila's injuries.

Rule

Proximate cause requires two essential elements: cause in fact (the event would not have occurred "but for" the defendant's act or omission) and foreseeability. A finding of cause in fact cannot be based on speculation or a presumption resting upon another presumed fact.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.