Mr. French
Tremendous Individual
- Joined
- Feb 10, 2012
- Messages
- 4,758
- Reaction Score
- 19,777
In Murphy v. Steeplechase Amusement Park (1929), Benjamin Cardozo, J. provided ample reasoned counsel for one to neither visit the Chat during games, nor bring its contents to the Forum:
"Volenti non fit injuria. One who takes part in such a sport accepts the dangers that inhere in it so far as they are obvious and necessary, just as a fencer accepts the risk of a thrust by his antagonist or a spectator at a ball game the chance of contact with the ball (Pollock, Torts [11th ed.], p. 171; Lumsden v. Thompson Scenic Ry. Co., supra; Godfrey v. Conn. Co., 98 Conn. 63). The antics of the clown are not the paces of the cloistered cleric. The rough and boisterous joke, the horseplay of the crowd, evokes its own guffaws, but they are not the pleasures of tranquillity. The plaintiff was not seeking a retreat for meditation. Visitors were tumbling about the belt to the merriment of onlookers when he made his choice to join them. He took the chance of a like fate, with whatever damage to his body might ensue from such a fall. The timorous may stay at home." (Emphasis added)
Yeah but what did Cardozo know about ball?