| Venue: | NY Ct. App. |
| Facts: | A guy rides "The Flopper" and experiences a sudden jerk. He falls and is hurt. Go figure. |
| Posture: | Judgment for plaintiff at trial, affirmed on appeal. |
| Issue: | Can the plaintiff really recover in a situation so fraught with risk? |
| Holding: | No. Reversed. |
| Rule: | Volenti non fit injuria. He accepted the risk. |
| Reasoning: | "The tumbling bodies and the screams and laughter supplied the merriment and fun." That pretty much says it all. There's no showing that the Flopper was out of order. Nobody else got hurt. Even the plaintiff's wife agrees that this is a chancy thing. |
| Dicta: | |