Woolley v. Colson Amusement Co. — 239 N.Y. 558

Majority

p. 558

Margaret E. Woolley, an Infant, by James C. Woolley, Her Guardian ad Litem, Appellant, v. Colson Amusement Company, Defendant, and Leonard Colson, Respondent.

Headnote

Negligence — corporations — officers — officer of corporation engaged in operation of carousel owned by it not personally liable for injury to rider through its negligent operation.

Woolley v. Colson Amusement Co., 206 App. Div. 721 , affirmed.

(Argued October 15, 1924;

decided November 25, 1924.)

Appeal from a judgment, entered June 20, 1923, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint as to defendant, respondent, in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. Plaintiff, while riding on a carousel operated by defendant Colson Amusement Company, was injured by reason of its negligent operation. The Appellate Division held that the defendant, respondent, who was at the time of the accident president of the corporation and who superintended the operation of the carousel, could not be held personally liable for the plaintiff’s injuries.

p. 559

Maxwell Arent for appellant.

Joseph Lonardo and Nicholas M. Pette for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.