Schellack v. Biers, 93.
| Decision Date | 16 May 1932 |
| Docket Number | No. 93.,93. |
| Citation | 160 A. 404 |
| Parties | SCHELLACK v. BIERS et al. |
| Court | New Jersey Supreme Court |
Appeal from Supreme Court.
Suit by Frank Schellack against Frederick Biers and another, trading as "The Oasis." Judgment for the plaintiff, and the defendants appeal.
Affirmed.
Carey & Lane, of Jersey City, for appellants.
Eric H. Jentz, of Jersey City, for respondent.
The plaintiff, on June 24, 1928, visited an amusement park, known as "The Oasis," located at Budd Lake, in Morris county, which was owned and operated by the defendants. One of the attractions contained in the park was a device known as a "Cable Slide," which consisted of a wooden tower, about twenty-five feet in height, with a platform on it, erected on the edge of the lake, with steps leading up to the tower. Steel cables were stretched from the tower into the lake water and fastened there, a distance of over 150 feet. The defendants rented seats, which patrons would attach to the cable by means of a pulley, and then slide or ride on the cable from the top of the tower platform into the water. The plaintiff had taken several rides on the cable, and, just prior to the accident, procured from one of the attendants another apparatus to be attached to the cable which was known as a "sling," which had no wooden seat. He attached this to the cable, sitting down on the rope; and, with a female companion clinging to him, started the apparatus moving on the cable toward the lake. They went for a distance of five or six feet, when the rope of the apparatus broke, and the plaintiff, together with the girl, fell to the ground. The plaintiff was injured, and instituted suit against the defendants, to recover damages therefor. The trial resulted in a verdict of $6,000 in favor of the plaintiff, and judgment was entered accordingly in the Supreme Court, from which this appeal is taken.
The only grounds upon which we are asked to reverse the judgment under review is that the trial court erred in refusing to nonsuit the plaintiff, and also in refusing to direct a verdict in favor of the defendants.
We think that there were sufficient facts established by the evidence from which negligence might have been reasonably inferred, and that each of the motions was properly refused. There was evidence on the part of the plaintiff to show that the seats or slings in question were rented by the plaintiff at the rate of 50 cents an hour; that the defendant, Frederick Biers, directed the...
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Kahalili v. Rosecliff Realty, Inc.
...other errors in the charge of the court. I. While defendant was not an insurer of its patrons' safety, Schellack v. Biers, 109 N.J.L. 61, 63, 160 A. 404 (E. & A.1932), it was incumbent upon it to exercise reasonable care and diligence to keep and maintain the device reasonably safe for its ......
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Zappala v. Stanley Co. of Am.
...to make the premises reasonably safe for the use to which they are to be put. Andre v. Mertens, 88 N.J.L. 626, 96 A. 893; Schellack v. Biers, 109 N.J.L. 61, 160 A. 404; Lancaster v. Highlands, etc., Corp., 117 N.J.L. 476, 189 A. 371. The supplying of seats is the custom in theatres and it w......
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Kahalili v. Rosecliff Realty, Inc.
...standard of conduct. Compare Imre v. Riegel Paper Corporation, 24 N.J. 438, 132 A.2d 505 (1957). See also Schellack v. Biers, 109 N.J.L. 61, 160 A. 404 (E. & A. 1932); Zappala v. Stanley Company of America, 124 N.J.L. 569, 12 A.2d 691 (E. & A. 1940); Friel v. Wildwood Ocean Pier Corporation......
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Friel v. Wildwood Ocean Pier Corp., 37.
...the device was properly constructed and suitably maintained for the purpose for which it was intended. Schellack v. Biers, 109 N.J.L. 61, 160 A. 404; Zappala v. Stanley Co. of America, 124 N.J.L. 569, 12 A.2d The fact that the court charged the appellant's second request to charge which con......