Meeker v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Chemung County. Action by Sarah T. Meeker, as administratrix of Henry W. Meeker, deceased, against Clark M. Smith and others. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendants appeal. The defendants Sinith and Carroll leased certain fair grounds in the city of Elmira in 1897, upon which was held, under their supervision, an interstate fair.
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Appeal from Trial Term, Chemung County. Action by Sarah T. Meeker, as administratrix of Henry W. Meeker, deceased, against Clark M. Smith and others. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendants appeal. The defendants Sinith and Carroll leased certain fair grounds in the city of Elmira in 1897, upon which was held, under their supervision, an interstate fair. One of the attractions at said fair was what is called the “Slide for Life,” performed by Mr. and Mrs. Schmick. The apparatus in use in this performance consisted of a rope which was…
1Opinion of the CourtSmith, J.
The defendant Jones is sought to be charged as a partner with the defendants Smith and Carroll. Without reciting the evidence in detail, we are of opinion that there was sufficient proof of his interest in this enterprise to establish against him a prima facie case of partnership—at least sufficient in the absence of explicit evidence upon his part as to the nature of his contract with the other defendants.
One of the defendants’ contentions was that this accident was nor caused by the negligent erection of this jack, but by the willful act of some stranger in cutting the rope at the back of…
2Cited by1 opinion
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