Shields v. . Van Kelton Amusement Corp.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 19.18, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No negligence was shown on the part of the defendant. (Stelter v. Cordes, 146 App. Div. 300; Lusk v. Peck, 132 App. Div. 426; McKeon v. P. & G. Mfg. Co., 154 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 19.18, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. No negligence was shown on the part of the defendant. (Stelter v. Cordes, 146 App. Div. 300; Lusk v. Peck, 132 App. Div. 426; McKeon v. P. & G. Mfg. Co., 154 App. Div. 740; Kline v. Abraham, 178 N. Y. 377.) The defendant was negligent in omitting to observe the duty imposed upon it by law. (Lusk v. Peck, 133…
1Opinion of the CourtMcLaughlin, J.
The defendant, on the 6th of February, 1917, had an open air skating rink, to which the public generally was admitted on paying an admission fee. On the day named, at about two-thirty o’clock in the afternoon, the plaintiff, with a friend, entered the rink for the purpose of skating. It was a warm day and the sun had melted the ice so that it was soft in spots and benches had been placed to exclude skaters from such portion of the ice. The plaintiff was an experienced skater. She observed the condition of the i'ce, but notwithstanding commenced and continued skating upwards of half an hour,…
2Cited by24 opinions
- Wright v. Mt. Mansfield Lift, Inc.District Court, D. Vermont · 1951
- Utica Mutual Insurance v. Amsterdam Color Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Johnson v. Amphitheatre Corp.Supreme Court of Minnesota · 1939
- McCullough ex rel. McCullough v. Omaha Coliseum Corp.Nebraska Supreme Court · 1944
- Rauch v. Pennsylvania Sports & Enterprises, Inc.Supreme Court of Pennsylvania · 1951
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