Jacques v. Village of Lake Placid

Simons, J. (dissenting).

No matter how the case is glossed, the tragic but undeniable facts are that this adult plaintiff dived from an unlighted and unsupervised dock, which he knew was closed to swimmers, into unfamiliar waters obscured by mist and darkness.

His recovery against the village cannot be affirmed by simply assuming negligence on the part of the village and citing Caldwell v. Village of Island Park (304 N. Y. 268). In the Caldwell *166case, an infant plaintiff was injured when she was on a beach at a time when it was open to the public. Furthermore, the plaintiff’s lack of concern for…