Legal Opinion
McGlyn v. Johnson
New York Supreme Court
Decided February 27, 1959PublishedCited by 3 opinions
1Opinion of the CourtBenjamin Brenner, J.
A rowboat containing the injured plaintiff and two children pitched over a dam in a lake, due to the pull or drag of water caused by a storm (“ Dianne ” of 1955) several days earlier. Suit was commenced against Johnson, the owner of the dam, and Seaman, the owner of the boat which had been rented to the injured plaintiff, for failure to warn her of the strong current. Johnson was exonerated at the end of plaintiffs’ case because no prima facie proof of negligence as to her was established. Seaman was found liable.
Seaman moved for a directed verdict and for a dismissal of the complaint prior…
2Cases cited12 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Higgins v. MasonNew York Court of Appeals · 1930
- Mendelowitz v. NeisnerNew York Court of Appeals · 1932
- Barrett v. Lake Ontario Beach Improvement Co.New York Court of Appeals · 1903
- Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
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3Cited by3 opinions
- Honigsberg v. New York City Transit AuthorityCivil Court of the City of New York · 1964
- Boudreau v. Damas Food Market Corp.Civil Court of the City of New York · 1966
- McGlyn v. JohnsonNew York Supreme Court · 1959