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JOHNSTON v. BLANCHARD

301 N.Y. 599 (1950)

Roy W. Johnston, Respondent, v. George K. Blanchard, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1950

Attorney(s) appearing for the Case

Archie B. Morrison, Daniel Miner, John D. Lynn and Robert A. Dwyer for appellant.

Robert Hoffman and Samuel S. Kolman for respondent.

Concur: LEWIS, CONWAY, DYE and FROESSEL, JJ. LOUGHRAN, Ch. J., DESMOND and FULD, JJ., dissent on the ground that plaintiff, as a participant in the game, assumed the ordinary risks thereof, including the risk of an accident such as this.

Judgment affirmed, with costs. On this record, the jury was free to find that plaintiff had left a place of safety, with defendant's knowledge, in order to help defendant find his ball, and, after it was found, was struck without warning when defendant played the recovered ball...

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