Johnston v. Blanchard
Cases that cite this one
12 later published cases cite this decision.
- Krych v. Bredenberg (Appellate Division of the Supreme Court of New York 2019)
- Ludwikoski v. Kurotsu (District Court, D. Kansas 1993)
- Knittle v. Miller (Colo. App. 1985)
- Anand v. Kapoor (Appellate Division of the Supreme Court of New York 2009)
- Rinaldo v. McGovern (N.Y. 1991)
- Carrigan v. Roussell (N.J. Super. Ct. App. Div. 1981)
- Ward v. State (N.Y. Ct. Cl. 1975)
- Jenks v. McGranaghan (N.Y. 1972)
- Nussbaum v. Lacopo (N.Y. 1970)
- Jenks v. McGranaghan (Appellate Division of the Supreme Court of New York 1969)
- Neumann v. Shlansky (New York County Courts 1968)
- Trauman v. City of New York (New York Supreme Court 1955)
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
Judgment affirmed, with costs. On this record, the jury was free to find that plaintiff had left a place of safety, with defendant’s knowledge, in order to help defendant find his ball, and, after it was found, was struck without warning when defendant played the recovered ball. No opinion.
Concur: Lewis, Conway, Dye and Froessel, JJ. Loughran, Ch. J., Desmond and Fuld, JJ., dissent on the ground that plaintiff, as a participant in the game, assumed the ordinary risks thereof, including the risk of an accident such as this.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.