Smith v. Cumberland County Agricultural Society

Clabk, 0. J.

This is an action for injuries sustained by the plaintiff, who was caught.by his foot in the trail rope of a balloon which ascended from the fair grounds of defendant at Fayetteville, N. C., and was carried in the air for some distance. The appeal is from a nonsuit, and the testimony of the plaintiff, somewhat condensed, is as follows:

“The plaintiff, who is 53 years old, attended the fair held by the defendant at Fayetteville, and paid his fare for entrance. A balloon “free ascension” had been advertised as one of the attractions for that day, and he went over to the place where…