Lusk v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur R. Peck, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 6th day of July, 1908, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of July, 1908, denying the defendant’s motion for a .new trial made upon the minutes.
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Appeal by the defendant, Arthur R. Peck, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 6th day of July, 1908, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 13th day of July, 1908, denying the defendant’s motion for a .new trial made upon the minutes. The plaintiff was injured October 20, 1906, by the collapse of bleachers on which he was sitting with others witnessing a game of foot ball between the college teams of Syracuse and Colgate Universities, in…
1Opinion of the Court
Spring, J.:
The grand stand and bleachers in Athletic Field were constructed by the Lakeside Railroad Company in 1900 and were intended for public entertainments. The bleachers were made of hemlock timber and were about one hundred and fifty-four feet in length, in sections of fourteen feet each, and of the width of about forty feet. The seats commenced at the ground, extending upwards to the rear, and the rear posts were sixteen feet in height. A more minute description of the structure is unnecessary.
The plaintiff paid the entrance fee to the park and an additional fee for a seat on the…
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