Gerhardt v. Manhattan Beach Park, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgments unanimously affirmed, with costs. Under the charge, to which no exception was taken, the jury were permitted to find and presumably did find that the defendants failed to exercise reasonable prudence for the safety of their patrons, of whom the plaintiff wife was one. The facts sufficiently established that the danger of one of the large beach umbrellas being carried through the air by the wind and weather was or could have been known to the defendants in time to prevent what occurred. The claim that there was a failure to prove defendants’ ownership of the particular beach umbrella…
2Cases cited3 opinions
- Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- Redmond v. National Horse Show Ass'n of America, Ltd.Appellate Terms of the Supreme Court of New York · 1912
3Cited by2 opinions
- Seligson v. Victory Pool, Inc.Appellate Terms of the Supreme Court of New York · 1946
- Colwell v. Bob & Shawn Ents., L.L.C.Ohio Court of Appeals · 2026