Connors v. Rockaway Whirlpool Co.

Headnote

Negligence ■ — ■ injury to woman riding in amusement device from striking bolt on fall to bottom of car — proximate cause.

Connors v. Rockaway Whirlpool Co., Inc. (2 eases), 214 App. Div. 703 , affirmed.

Appeal in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 2, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The first action was to recover for loss of services of plaintiff’s wife and expense occasioned from personal

injuries alleged to have been sustained by her through the negligence of defendant. The second was to recover for such personal injuries. The plaintiff, Lena Connors, while riding in a circular car in an amusement device called the “ whirlpool ” wherein the cars were caused to revolve on a circular metal platform, was thrown from her seat to the floor, striking her leg against a metal bolt which protruded through the floor about half an inch and causing the injury complained of. The trial court dismissed the complaints on the ground that the existence of the bolt was not the proximate cause of the injury.