Lumsden v. L. A. Thompson Scenic Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the L. A. Thompson Scenic Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of January, 1908, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 30th day of January, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The complaint alleges thát the defendant was the owner of certain structures and grounds designed for public entertainment, in the borough of. Brooklyn, and of a certain railway known as the scenic railway, maintained in said grounds, and of the tracks and coaches or ears used in the operation of the said railway, upon which it invited the public to enter and ride on the payment of an admission fee; that the said railway was constructed and operated so as to cause the coaches at one part of the tracks of said railway to be precipitated suddenly down a steep incline and to…
2Cases cited1 opinion
- Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
3Cited by16 opinions
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Wright v. Mt. Mansfield Lift, Inc.District Court, D. Vermont · 1951
- Atlanta Funtown, Inc. v. CrouchCourt of Appeals of Georgia · 1966
- Brown v. RhoadesSupreme Judicial Court of Maine · 1927
- Carlin v. KroutCourt of Appeals of Maryland · 1923
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