Hosac v. Idora Park Amusement Co.

The issues in' this case present a somewhat unusual question or issue. It will be conceded, I take it, that under the general rules relating to the duties and rights and liabilities of landlord and tenant, that there would be no liability on the part of the park company for injuries sustained "by reason of- the operation of this device by *656a concessioner. It is disclosed by the evidence that this concession, cJne of numerous of like nature being operated at Idora Park, was operated upon what may be called a “participating lease”; that is, a certain space was set aside or leased to the…