Murphy v. Steeplechase Amusement Co.

166 N.E. 173 · New York Court of Appeals · 1929

Facts

Plaintiff visited an amusement park and rode "The Flopper," a moving belt designed to cause riders to fall. He fell, fracturing his kneecap, and alleged the ride was negligently operated with sudden jerks. The ride's name and observed behavior indicated falling was an expected part of the experience.

Issue

Can an amusement park patron recover for injuries sustained on a ride where the risk of falling is an obvious and inherent part of the attraction, or does the doctrine of assumption of risk apply?

Holding

The court held that the plaintiff assumed the obvious and inherent risks of "The Flopper" ride by voluntarily participating. Therefore, the lower court's judgment finding negligence was reversed.

Rule

The legal rule of *volenti non fit injuria* dictates that one who voluntarily participates in a sport or amusement accepts the dangers that are obvious and necessary to that activity.

Read the full opinion on CourtListener

Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.