BAZYDLO v. PLACID MARCY CO.

No. 483, Docket 33348.

422 F.2d 842 (1970)

Carolyn A. BAZYDLO, Plaintiff-Appellee, v. PLACID MARCY CO., Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 3, 1970.


Attorney(s) appearing for the Case

Irwin M. Strum, New York City (Bernard Helfenstein, Brooklyn, N. Y., of counsel), for defendant-appellant.

Milton Garber, Hoboken, N. J. (Baker, Garber, Chazen & Duffy, George J. Duffy, Hoboken, N. J., of counsel), for plaintiff-appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.


PER CURIAM:

Carolyn A. Bazydlo and a girl friend were using a toboggan run on January 17, 1965 as guests of the Hotel Marcy, owned by the appellants, Placid Marcy Co., Inc. The toboggan run had been designed and built by the hotel for the use of its guests. The hotel also furnished toboggans for its guests. During the fourth or fifth time down the elevated chute and along the snow covered track, the toboggan failed to negotiate...

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