Benton v. Young Men's Christian Ass'n

The opinion of the court was delivered by

Jacobs, J.

At the close of the plaintiffs’ case the trial judge dismissed the action because he believed (1) that the evidence established as a matter of law that the injured plaintiff had assumed the risk of injury resulting from the defendant’s negligence, and (2) that in any event the defendant’s status as a charitable institution vested it with an immunity from tort responsibility to the plaintiffs. The Appellate Division disagreed with the trial judge’s view that the risk of injury had been assumed; nevertheless it affirmed the dismissal of the…