(Download) "Miriam K. Arnold Et Al. v. Arthur Schmeiser" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Miriam K. Arnold Et Al. v. Arthur Schmeiser
- Author : Supreme Court of New York
- Release Date : January 30, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
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[34 A.D.2d 568 Page 569] The infant plaintiff, a boy nine years old at the time of the accident, contends that defendants, who were a few years older
than himself, were conducting a game in a neighbor's yard. Two of the defendants would grip each other's wrists with their
hands, thereby making a chair or bucket upon which another boy could sit. They then hurled him in the air and caught him on
the way down. The infant plaintiff contends he saw the game demonstrated once and then was implored by defendants to sit in
this "fireman's chair" and be hurled in the air. He initially refused, but finally entered the game upon defendants' assurances
that he would be caught on his descent. Instead, he was hurled high in the air from the "fireman's chair" by the three defendants,
who then walked away and made no attempt to catch him on his descent to the ground. He fell and suffered a fractured wrist.
Looking at the infant plaintiff's testimony in its most favorable light, it is clear that he did not assume the risk of injury
in this game resulting from defendants' failure even to attempt to catch him after hurling him into the air, when they had
assured him they would do so. One who takes part in a sport accepts the risks that inhere in it so far as they are obvious
and necessary (Murphy v. Steeplechase Amusement Co., 250 N. Y. 479, 482). In this game involving a "fireman's chair" it cannot
be said as a matter of law that the infant plaintiff assumed the risk of injuries from the total absence of the "chair" when
he descended. In our opinion, an issue of fact was raised as to whether defendants, having implored the infant plaintiff to
play in the game, had a duty to prevent exposing him to a greater risk of injury than was obvious and necessary. Since all
three defendants participated in hurling him in the air, we feel that a question of fact as to the negligence of all the defendants
and the assumption of risk by the infant plaintiff was raised; and that it should have been submitted to the jury.
 "Miriam K. Arnold Et Al. v. Arthur Schmeiser" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}