Legal Opinion

Moore v. Rosecliff Realty Corp.

District Court, D. New Jersey

Decided February 23, 1950No. Civ. No. 8008PublishedCited by 2 opinions

1Opinion of the Court

SMITH, District Judge.

The plaintiff brought this action to recover damages for personal injuries sustained when he fell or was thrown from a “bob sled,” an amusement device, which was admittedly owned and operated by the defendant. The defendant raised the usual defenses, to wit, absence of negligence, contributory negligence, and the assumption of risk. The jury returned a verdict in favor of the plaintiff and against the defendant and assessed the damages at $45,000. The action is before the Court at this time on a motion for a new trial filed by the defendant under Rule 59 of the Federal…

2Cases cited25 opinions

  1. Lavender v. KurnSupreme Court of the United States · 1946
  2. Tennant v. Peoria & Pekin Union Railway Co.Supreme Court of the United States · 1944
  3. Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
  4. United States v. BransenCourt of Appeals for the Ninth Circuit · 1944
  5. Rome Grader & MacHinery Corp. v. J. D. Adams Mfg. Co.Court of Appeals for the Seventh Circuit · 1943

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3Cited by2 opinions

  1. Desmond v. United StatesDistrict Court, S.D. New York · 1952
  2. Smith v. Kenosha Auto TransportDistrict Court, D. Montana · 1964

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