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Battalla v. State
New York Court of Appeals
10 N.Y.2d 237, 219 N.Y.S.2d 34, 176 N.E.2d 729 (1961)
- Written by Salina Kennedy, JD
Facts
A child (plaintiff) was placed on a chair lift by a ski-resort employee. The employee did not buckle the child’s safety belt. As the lift descended, the child became frightened and hysterical and, as a result, suffered injuries. A lawsuit was filed on the child’s behalf against the resort, and the resort moved to dismiss the complaint, arguing that it failed to state a cause of action. The trial court denied the motion to dismiss, and the resort appealed. The New York Supreme Court, Appellate Division, following Mitchell v. Rochester Railway, 45 N.E. 354 (1896), reversed and dismissed the child’s claim. The child appealed.
Rule of Law
Issue
Holding and Reasoning (Burke, J.)
Dissent (Van Voorhis, J.)
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