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Maher v. Madison Square Garden Corporation

Margaret Maher, as Administratrix of the Estate of Philip Maher, Deceased, Respondent, v. Madison Square Garden Corporation, Appellant, Impleaded With Another

Maher v. Madison Square Garden Corp., 242 N.Y. 506 (1926)
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Court
New York Court of Appeals · State Highest Courts
Decided
January 24, 1926
Judges
<italic>Per Curiam.</italic>
Citations
242 N.Y. 506

Opinion of the Court — Per Curiam

Per Curiam.

The evidence establishes that plaintiff’s intestate, a boy fourteén years of age, was drowned in a swhnming pool conducted for profit by the defendant. Though the swimming pool was crowded at the time, apparently no one saw the fatality. We know only that he was playing in the pool one afternoon and his dead body was found in another part of the pool the next morning, and that death was caused by asphyxiation. No inference can be drawn that by act or omission of the defendant or any of its employees the boy was placed in a position of danger which caused hi; death, or that any greater care by the defendant could have averted accident. The judgments should be reversed and complaint dismissed, with costs in all courts.

His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur; Cardozo, J., absent.

Judgments reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1931: 11932: 11936: 11937: 11939: 11941: 11951: 11954: 11959: 11975: 11995: 11998: 12002: 119312026peak 1931 · 1

Relies on it most ⓘ

  1. Mullen v. Russworm90 S.W.2d 530 (Tenn. 1936)
  2. Hecht v. Des Moines Playground & Recreation Ass'n287 N.W. 259 (Iowa 1939)
  3. Curcio v. City of New York9 N.E.2d 760 (N.Y. 1937)
  4. Mullens v. Binsky719 N.E.2d 599 (Ohio Ct. App. 1998)
  5. Carreira v. Territory of Hawaii40 Haw. 513 (1954)
  6. Swan v. Riverside Bathing Beach Co.294 P. 902 (Kan. 1931)

Most recent

  1. Bumpher v. County of Westchester300 A.D.2d 525 (2002)
  2. Mullens v. Binsky719 N.E.2d 599 (Ohio Ct. App. 1998)
  3. Spruill v. Downing, No. Cv 93 0068193 S (Sep. 6, 1995)1995 Conn. Super. Ct. 10395 (1995)
  4. Wong v. Waterloo Community School District232 N.W.2d 865 (Iowa 1975)
  5. Maull v. State16 Misc. 2d 499 (1959)
  6. Carreira v. Territory of Hawaii40 Haw. 513 (1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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