Nessinger v. Ontario County Agricultural Society

I cannot agree that the evidence conclusively showed that the damage was caused by a wind so phenomenal and unusual that, as a matter of law, defendants’ negligence and lack of foresight played no part in causing the plaintiff’s injuries.

There appears to be ample evidence from which the jury could reasonably have concluded that plaintiff’s injuries did not result solely from an act of God. There was testimony from which the jury could have found that if defendants had consulted weather authorities, and particularly a barometer, the approach and magnitude of the storm could have been known…