Legal Opinion
Akins v. Glens Falls City School District
New York Court of Appeals
Decided June 18, 1981PublishedCited by 323 opinions
1Opinion of the Court
OPINION OF THE COURT
Jasen, J.
On this appeal, we are called upon to define the scope of the duty owed by a proprietor of a baseball field to the spectators attending its games. The specific question presented is whether such an owner, having provided protective screening for the area behind home plate, is liable in negligence for the injuries sustained by a spectator as a result of being struck by a foul ball while standing in an unscreened section of the field. This case does not involve the “culpable conduct” (CPLR 1411) — be it assumption of risk or contributory negligence — of a spectator…
2Cases cited20 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Curcio v. City of New YorkNew York Court of Appeals · 1937
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3Cited by323 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
318 more not listed; retrieve them via the Exa API.