Legal Opinion

Battalla v. State

New York Court of Appeals

Decided July 7, 1961No. Claim No. 35621PublishedCited by 206 opinions

1Opinion of the CourtBurke, J.

The question presented is whether the claim states a cause of action when it alleges that claimant was negligently *239caused to suffer “ severe emotional and neurological disturbances with residual physical manifestations ’ \

The appellant avers that in September of 1956, at Bellayre Mountain Ski Center, the infant plaintiff was placed in a chair lift by an employee of the State who failed to secure and properly lock the belt intended to protect the occupant. As a result of this alleged negligent act, the infant plaintiff became frightened and hysterical upon the descent, with consequential…

2Cases cited12 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Woods v. LancetNew York Court of Appeals · 1951
  3. Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
  4. Gulf, Colorado & Santa Fe Railway Co. v. HayterTexas Supreme Court · 1900
  5. Green v. T. A. Shoemaker & Co.Court of Appeals of Maryland · 1909

7 more not listed; retrieve them via the Exa API.

3Cited by206 opinions

  1. Parkway Co. v. WoodruffTexas Supreme Court · 1995
  2. Ayala v. Philadelphia Board of Public EducationSupreme Court of Pennsylvania · 1973
  3. Kazatsky v. King David Memorial Park, Inc.Supreme Court of Pennsylvania · 1987
  4. Rodrigues v. StateHawaii Supreme Court · 1970
  5. Niederman v. BrodskySupreme Court of Pennsylvania · 1970

201 more not listed; retrieve them via the Exa API.

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