Murphy v. Steeplechase Amusement Co. case brief

Murphy v. Steeplechase Amusement Co. case brief summary
166 N.E. 173 (N.Y. 1929)

CASE SYNOPSIS

Defendant amusement park challenged the judgment of the Appellate Division of the New York Supreme Court, First Judicial Department, which affirmed a judgment in favor of plaintiff park visitor in his action seeking damages for his injuries that occurred when he participated in one of defendant's attractions.

CASE FACTS
Plaintiff amusement park visitor was injured when he participated in an attraction owned by defendant amusement park. The attraction was a moving belt, running upward on an inclined plane, on which passengers sat or stood. Plaintiff fell off of the belt and fractured his kneecap. He stated in his complaint that the belt was dangerous to life and limb in that it stopped and started violently and suddenly and that it was not properly equipped to prevent injuries to persons who were using it without knowledge of its dangers. In a bill of particulars, plaintiff further added that it was operated at a fast and dangerous rate of speed and was not supplied with a proper railing, guard, or other device to prevent a fall.

DISCUSSION

• The court reversed the judgment of the appellate court, which had affirmed a judgment in favor of plaintiff. 
• The court found that the risk of falling from the belt was foreseeable and that plaintiff assumed that risk when he took part in defendant's attraction.

CONCLUSION

The court reversed the judgment of the appellate court affirming the judgment in favor of plaintiff amusement park visitor because plaintiff assumed the risk of injuring himself when he participated in defendant amusement park's attraction.

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