Roper v. Ulster County Agricultural Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Ulster County Agricultural Society, ■from a judgment of the Supreme Court in favor of the plaintiff, -entered in the office of the clérk of the county of Ulster on the 8th day of February, 1909, upon the verdict of a jury for $1,000, and also from an order made on the 16th day of December, 1908, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. , The action is for- personal injuries.
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Appeal by the defendant, the Ulster County Agricultural Society, ■from a judgment of the Supreme Court in favor of the plaintiff, -entered in the office of the clérk of the county of Ulster on the 8th day of February, 1909, upon the verdict of a jury for $1,000, and also from an order made on the 16th day of December, 1908, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. , The action is for- personal injuries. The plaintiff attended the annual fair held by the defendant on its grounds at Ellénville on August 29, 1906, and - her…
1Opinion of the Court
Chester, J.:
The appellant contends that the negligence in this case, if any, was that of Williams, an independent contractor, for which-' the defendant" was not liable. The evidence, it is true, shows that Williams contracted with the defendant to give the balloon ascension with parachute attachment upon each day of the fair, and that he was to furnish the balloon, the aeronaut and all the other appliances for making the ascensions, except the brick work used to inflate the balloon and the fuel and labor to dig a trench therefor. It is clear, however, from the evidence that the plaintiff was…
2Cases cited2 opinions
- Deyo v. Kingston Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Peckett v. Bergen Beach Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Brophy v. Columbia County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1986
- Manning v. Leavitt Co.Supreme Court of New Hampshire · 1939
- Brunt v. Chicago Mill & Lumber Co.Mississippi Supreme Court · 1962
- O'Keefe v. Cheyenne Chamber of CommerceWyoming Supreme Court · 1940
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