University:
Georgia State University
Course:
LAW 5060 | Torts I
Academic year:

2023
Views:

64

Pages:

1
Author:

rezancuk2j

Citation: Murphy v. Steeplechase Amusement Co. 166 N.E. 173 (1929) Procedural History: Plaintiff sued for negligence that the ride was not safe, the company did nothing to lower the risk of injury and won in trial court. The defendant appealed and Appellate Court affirmed trial court judgment. Defendant appealed again. Facts: Plaintiff was at coney island and got on the ride titled “The Flopper” which consisted of a moving belt that a patron would step on and either make them fall or push them up an incline. Plaintiff watched others ride and knew that a fall was on of the risks. Plaintiff still got on the ride, the belt jerked causing P to fall and fracture his knee cap. Issue: Is an amusement park liable for damages to a person who is hurt on their ride when it is reasonably foreseeable that there is an element of danger involved? Rule: If a patron witnesses and understands the dangers of a ride but goes on the ride anyway, the amusement park is not liable for any injuries because patron has assumed the risk. Analysis: Cardozo reasoned that the fact the plaintiff witnessed others on the ride fall, and the operation of the ride yet got on anyway, he assumed the risk of injury. The entertainment comes from the sense of adventure, plaintiff was not seeking tranquility. Holding: No. Judgment reversed and remanded Black Letter Law: If a patron witnesses and understands the dangers of a ride but goes on the ride anyway, the amusement park is not liable for any injuries because patron has assumed the risk.