Legal Opinion

Brennan v. Ocean View Amusement Co.

Massachusetts Supreme Judicial Court

Decided February 26, 1935PublishedCited by 29 opinions

1Opinion of the CourtQua, J.

This is an action of tort to recover damages for personal injuries sustained by the plaintiff on May 27, 1929, as a result of being thrown from one of the cars on a sharp curve of the “Derby Racer,” a roller coaster operated by the defendant at Revere Beach. The declaration is in six counts. Counts 1 and 5 do not allege negligence, but appear to be based upon the theory that the defendant was an insurer of the safety of its passengers. Counts 3 and 4 are based upon alleged false and fraudulent representations that the roller coaster was safe to ride upon. Count 2 alleges that the defendant…

2Cases cited17 opinions

  1. Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
  2. Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
  3. Clarke v. AmesMassachusetts Supreme Judicial Court · 1929
  4. O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
  5. Sand Springs Park v. SchraderSupreme Court of Oklahoma · 1921

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3Cited by29 opinions

  1. Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
  2. Lee v. Allied Sports Associates, Inc.Massachusetts Supreme Judicial Court · 1965
  3. Sandler v. Commonwealth Station Co.Massachusetts Supreme Judicial Court · 1940
  4. Couris v. Casco Amusement Corp.Massachusetts Supreme Judicial Court · 1956
  5. Upham v. Chateau De Ville Dinner Theatre, Inc.Massachusetts Supreme Judicial Court · 1980

24 more not listed; retrieve them via the Exa API.

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