Patrick Barrett, as Administrator of the Estate of Thomas Barrett, Deceased, Appellant v. the Lake Ontario Beach…

Summary

The Court of Appeals held that a lessor who builds a structure for public amusement is liable for injuries caused by negligent construction, and that both the adequacy of the railing and any contributory negligence of the injured boy are questions of fact for the jury. Accordingly, the appellate division's reversal was vacated and judgment entered for the plaintiff.