Philpot v. Brooklyn National League Baseball Club, Inc.

Appellate Division of the Supreme Court of New York

Philpot v. Brooklyn National League Baseball Club, Inc.

277 A.D.2d 1135

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 11, 1950

StatusPublished

This text of 277 A.D.2d 1135 (Philpot v. Brooklyn National League Baseball Club, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Philpot v. Brooklyn National League Baseball Club, Inc., 277 A.D.2d 1135 (N.Y. Ct. App. 1950).

Pincite

Opinion

In an action by appellants, who are husband and wife, to recover damages for personal injuries, and expenses and loss of services incidental thereto, it was alleged by plaintiffs that while plaintiff wife was seated in a baseball park, as a spectator, she was struck by a bottle. On trial, plaintiffs did not establish that the bottle was thrown, or dropped, but it was conceded that it was “ precipitated from the tier above, either rolled, dropped, or was thrown”. Judgment in favor of respondents, entered upon the dismissal of -plaintiffs’ complaint at the close of plaintiffs’ evidence, unanimously affirmed, with costs. The evidence adduced was insufficient to establish negligence on the part of respondents, or either of them, which was a proximate cause of the accident and the resulting injuries. (Cf. Senatore v. Marry M. Stevens, Inc., 275 App. Div. 677.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See 278 App. Div. 570.]

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In an action by appellants, who are husband and wife, to recover damages for personal injuries, and expenses and loss of services incidental thereto, it was alleged by plaintiffs that while plaintiff wife was seated in a baseball park, as a spectator, she was struck by a bottle. On trial, plaintiffs did not establish that the bottle was thrown, or dropped, but it was conceded that it was “ precipitated from the tier above, either rolled, dropped, or was thrown”. Judgment in favor of respondents, entered upon the dismissal of -plaintiffs’ complaint at the close of plaintiffs’ evidence, unanimously affirmed, with costs. The evidence adduced was insufficient to establish negligence on the part of respondents, or either of them, which was a proximate cause of the accident and the resulting injuries. (Cf. Senatore v. Marry M. Stevens, Inc., 275 App. Div. 677.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See 278 App. Div. 570.]

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Bluebook (online)

277 A.D.2d 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philpot-v-brooklyn-national-league-baseball-club-inc-nyappdiv-1950.