[Download] "Joseph C. Vincent v. Kenneth Dickinson Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Joseph C. Vincent v. Kenneth Dickinson Et Al.
- Author : Supreme Court of New York
- Release Date : January 14, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[36 A.D.2d 570 Page 570] Memorandum: Infant plaintiff, age 15, was blinded in one eye by a clay target launcher owned by defendant Kenneth Dickinson
and newly acquired by him from co-defendant Hanover Fish and Game Club, Inc., of which he was a director. Upon securing the
device and moving it to his home, Dickinson called to the infant plaintiff, a neighbor, and told him that he had something
on his truck which he wanted him to see and that if he could guess what it was, he could have it. As both parties were engaged
in inspecting the device and leaning over in close proximity to it, the launcher, which, unknown to either, was cocked, discharged
and the firing arm swung around striking infant plaintiff in the eye. Defendant Dickinson had never operated the device and
had no knowledge of its operation. He had watched it being fired from a distance and had been informed by others at the Fish
and Game Club of its dangerous character. Infant plaintiff was totally unfamiliar with the machine and its operation, and
such fact was known to defendant Dickinson. From a review of the record it would appear that the defendant Dickinson, who
was familiar with the dangerous character of the launcher, demonstrated a careless disregard for the safety of the infant
plaintiff by inviting him over to inspect the device and placing him within the zone of danger. We therefore conclude that
the jury verdict of no cause [36 A.D.2d 570 Page 571]