Platt v. Erie County Agricultural Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie County Agricultural Society, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 3d day of March, 1914, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 16th day of March, 1914, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Lambert, J. :
On the 8th day of September, 1911, the plaintiff, an infant of six years, in company with her mother, was in attendance at an agricultural fair then being held by defendant in the town of Hamburg, Erie county, N. Y. The defendant had procured, among its attractions, at such fair, the attendance of an aviator, one Schreiber, with an aeroplane. For the convenience of such aviator in alighting and leaving the ground, the defendant had plowed, scraped and rolled a portion of its grounds, measuring about 200 feet by 500 feet, and commonly referred to as “the court.”
Upon the day in…
2Cases cited3 opinions
- Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Reschke v. Syracuse, Lake Shore & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by15 opinions
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- English v. MillerCourt of Appeals of Texas · 1931
- Schubart v. Hotel Astor, Inc.New York Supreme Court · 1938
- Tantillo v. Goldstein Brothers Amusement Co.New York Court of Appeals · 1928
- Philpot v. Brooklyn National League Baseball Club, Inc.New York Court of Appeals · 1951
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