Peckett v. Bergen Beach Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bergen Beach Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of April, 1899, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the 29th day of March, 1899, denying the defendant’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The defendant is a corporation organized under the laws of the State of New York for the purpose'of conducting amusement enterprises at Bergen Beach, borough of Brooklyn. On the 12th day of April, 1898, the defendant entered into a contract in writing with one McOroy to give a series of balloon ascensions, agreeing to pay McCroy ten dollars per week with five dollars additional for each successful ascension. The defendant agreed to furnish the balloon, fuel and all necessary appliances, together with helpers and attendants. These balloon ascensions were made from an inclosure…
2Cited by3 opinions
- Larkin v. Saltair Beach Co.Utah Supreme Court · 1905
- Borgnis v. California-Oregon Power Co.California Court of Appeal · 1927
- Roper v. Ulster County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1909