Maher v. Madison Square Garden Corporation
Cases that cite this one
13 later published cases cite this decision.
- Hecht v. Des Moines Playground & Recreation Ass'n (Iowa 1939)
- Mullen v. Russworm (Tenn. 1936)
- Bumpher v. County of Westchester (Appellate Division of the Supreme Court of New York 2002)
- Mullens v. Binsky (Ohio Ct. App. 1998)
- Spruill v. Downing, No. Cv 93 0068193 S (Sep. 6, 1995) (Connecticut Superior Court 1995)
- Wong v. Waterloo Community School District (Iowa 1975)
- Maull v. State (N.Y. Ct. Cl. 1959)
- Carreira v. Territory of Hawaii (Haw. 1954)
- Watts v. Mitchell Bros. Realty Corp. (Appellate Division of the Supreme Court of New York 1951)
- Laut v. Brooklyn & Queens Young Men's Christian Ass'n (Appellate Division of the Supreme Court of New York 1941)
- Curcio v. City of New York (N.Y. 1937)
- Esposito v. St. George Swimming Club, Inc. (City of New York Municipal Court 1932)
- Swan v. Riverside Bathing Beach Co. (Kan. 1931)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The evidence establishes that plaintiff’s intestate, a boy fourteén years of age, was drowned in a swhnming pool conducted for profit by the defendant. Though the swimming pool was crowded at the time, apparently no one saw the fatality. We know only that he was playing in the pool one afternoon and his dead body was found in another part of the pool the next morning, and that death was caused by asphyxiation. No inference can be drawn that by act or omission of the defendant or any of its employees the boy was placed in a position of danger which caused hi; death, or that any greater care by the defendant could have averted accident. The judgments should be reversed and complaint dismissed, with costs in all courts.
His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur; Cardozo, J., absent.
Judgments reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.