Fox v. Park
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buffalo Park, from a judgment of the Supreme Court in favor of the plaintiff, entered in the -office of the clerk of the county, of Erie on the 10th day of November, 1896, upon the verdict of a jury, and also from an-order entered in said clerk’s office on the 12-th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Buffalo Park, from a judgment of the Supreme Court in favor of the plaintiff, entered in the -office of the clerk of the county, of Erie on the 10th day of November, 1896, upon the verdict of a jury, and also from an-order entered in said clerk’s office on the 12-th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes. The defendant is a domestic corporation owning grounds in the city of Buffalo on which it maintains racing tracks, one of which is adapted to bicycle racing. It gives races itself, and lets the grounds to others for…
1Opinion of the Court
Ward, J.:
The questions upon this appeal arise upon exceptions- to the charge of the trial court- and upon the reception of certain evidence given by expert witnesses introduced by the plaintiff. The learned ■trial judge, in his charge to the. jury., after" ref erring to the. evidence as to the construction of the building and of the accident, and other evidence,, said ■: The defendant constructed the grand stand by its employee, the contractor, and if it was ■ improperly constructed so that it was a dangerous structure, the defendant was responsible for its condition. I do not think it was'…
2Cases cited12 opinions
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- Lusk v. PeckAppellate Division of the Supreme Court of the State of New York · 1909
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