Clayton v. New Dreamland Roller Skating Rink
New Jersey Supreme Court
82 A.2d 458 (1951)
- Written by Mary Phelan D'Isa, JD
Facts
Alice Clayton and her husband, James F. Clayton (the Claytons) (plaintiffs) sued the New Dreamland Roller Skating Rink and its employee, Victor J. Brown (defendants), for damages for injuries Alice suffered when she fell at the skating rink. The Claytons alleged that Alice fell because she tripped on chewing gum that was negligently left on the skating-rink floor and that after Alice fell and without her permission, Brown, who lacked the medical experience and capacity to treat Alice for her injuries, manipulated Alice’s broken arm and applied traction aggravating Alice’s injury. The Claytons’ complaint alleged numerous theories of liability, including negligent operation of the skating rink and assault and battery. The trial court dismissed the claims at the close of the Claytons’ case. The Claytons appealed and argued that the trial court erred in dismissing their negligence and assault and battery claims. The skating rink and Brown argued that Brown’s acts were his attempt to give aid to an injured skater with no intent to inflict bodily harm.
Rule of Law
Issue
Holding and Reasoning (Eastwood, J.)
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