Johnston v. Blanchard

New York Court of Appeals

Johnston v. Blanchard

93 N.E.2d 494, 301 N.Y. 599, 1950 N.Y. LEXIS 930

CourtNew York Court of Appeals

DecidedJune 2, 1950

StatusPublished

Cited by12 cases

This text of 93 N.E.2d 494 (Johnston v. Blanchard) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnston v. Blanchard, 93 N.E.2d 494, 301 N.Y. 599, 1950 N.Y. LEXIS 930 (N.Y. 1950).

Pincite

Opinion

Judgment affirmed, with costs. On this record, the jury was free to find that plaintiff had left a place of safety, with defendant’s knowledge, in order to help defendant find his ball, and, after it was found, was struck without warning when defendant played the recovered ball. No opinion.

Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent on the ground that plaintiff, as a participant in the game, assumed the ordinary risks thereof, including the risk of an accident such as this.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment affirmed, with costs. On this record, the jury was free to find that plaintiff had left a place of safety, with defendant’s knowledge, in order to help defendant find his ball, and, after it was found, was struck without warning when defendant played the recovered ball. No opinion.

Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent on the ground that plaintiff, as a participant in the game, assumed the ordinary risks thereof, including the risk of an accident such as this.

Cite This Page — Counsel Stack

Bluebook (online)

93 N.E.2d 494, 301 N.Y. 599, 1950 N.Y. LEXIS 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-blanchard-ny-1950.

Opinion

Related

Cite This Page — Counsel Stack