The appeal court confirmed that there is no right, based on e.g. land owner's discretion as to determining trespassers, to remove the attendee if the venue operator is mistaken as to the attendee's right to attend.

Mr Hurst bought a ticket for 17 March 1913's screening of Lake Garda in a London cinema of Picture Theatres Ltd.

The theatre argued that even though it revoked (breached) the licence, a contract relating to a person's right to be somewhere, its mistaken belief could render Hurst a trespasser (if so reasonable force could be used to remove him).

The issue was whether the claimant was entitled to damages under trespass to the person.

It was not of a violent kind, because, like a wise man, [Hurst] gave way to superior force and left the theatre... it was for the jury to give him such a sum as was right for the assault which was committed upon him, and for the serious indignity to a gentleman of being seized and treated in this way in a place of public resort.