SAMPLE CASE BRIEF FOR MURPHY
CASE:
Murphy v. Steeplechase, 250 N.Y. 479; 166 N.E. 173 (1929)
PARTIES
Plaintiff & Respondent (P): Passenger Murphy
Defendant & Appellant (D): Steeplechase Amusement Co.
Facts & Procedure:
P embarked on the Flopper, a conveyer belt ride operated by D at its amusement park. Prior to boarding, P observed other riders losing their balance and falling down while on the ride. P fell and broke his knee. P sued D for damages. P prevailed at trial and in the intermediate court of appeals; D now appeals to NY's highest court of appeals.
Issue:
Can a patron who is injured on an amusement park ride sue for damages when he had reason to understand the risk involved and voluntarily assumed the risk nevertheless?
Rule:
CASE:
Murphy v. Steeplechase, 250 N.Y. 479; 166 N.E. 173 (1929)
PARTIES
Plaintiff & Respondent (P): Passenger Murphy
Defendant & Appellant (D): Steeplechase Amusement Co.
Facts & Procedure:
P embarked on the Flopper, a conveyer belt ride operated by D at its amusement park. Prior to boarding, P observed other riders losing their balance and falling down while on the ride. P fell and broke his knee. P sued D for damages. P prevailed at trial and in the intermediate court of appeals; D now appeals to NY's highest court of appeals.
Issue:
Can a patron who is injured on an amusement park ride sue for damages when he had reason to understand the risk involved and voluntarily assumed the risk nevertheless?
Rule: