Jung v. State

• Decision Date: 01 November 1962
• Citation: Jung v. State, 12 N.Y.2d 778, 234 N.Y.S.2d 722, 186 N.E.2d 569 (N.Y. 1962)
• Parties: , 186 N.E.2d 569 Martha JUNG et al., Appellants, v. The STATE of New York, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 722

234 N.Y.S.2d 722

12 N.Y.2d 778, 186 N.E.2d 569

Martha JUNG et al., Appellants, v.The STATE of New York, Respondent.

Court of Appeals of New York.

Nov. 1, 1962.

Appeal from Supreme Court, Appellate Division, Third Department, 14 A.D.2d 474, 217 N.Y.S.2d 405.

A husband and wife filed claims against the State for injuries sustained by the wife when she slipped and fell at a ski facility of the State at Belleayre Mountain Ski Center where she was a non-skiing visitor.She walked out from the door of the ski lodge which led to the ski slopes, some of which commenced within ten feet of the door, and she fell a few steps from the door in an area which was slippery and icy because constantly used by skiers.

The Court of Claims, Russell G. Hunt, J., rendered a judgment for the husband and wife, and the State appealed.

The Appellate Division reversed the judgment, dismissed the claim, and held that the State was bound to exercise reasonable care against injury, but that it would be unreasonable to require of the State that approaches to the ski slopes be kept in non-slippery condition so that non-skiing visitors, going out to look would not find the approaches slippery...