8 A.D.2d 565 | N.Y. App. Div. | 1959
Appeal by the defendant, Boy Scouts of America, Saratoga County Council, Inc., from a judgment of the Supreme Court, Saratoga County entered against it on jury verdicts for the plaintiffs in a negligence action for personal injuries, medical expenses and loss of services. On February 4, 1956 a Scout-O-Rama was held in the New York State Armory at Saratoga Springs under the sponsorship and general direction of the appellant Boy Scouts Council. One of the exhibits was erected by Cub Pack 11 and as part of this exhibit an American Flag and the Cub Pack’s flag were set up against the wall adjacent to the exhibit. Mr. Mayette, a photographer for the Saratogian, jostled the American Flag loose while taking a picture. Shortly thereafter it fell injuring the plaintiff Virginia J. Riker. This negligence action by the plaintiffs Virginia Riker for personal injuries and by her husband, William Riker, for medical expenses and loss of services was brought against both the appellant Boy Scout Council and the Saratogian, the newspaper, employing Mr. Mayette. After the start of the trial the Saratogian obtained its release from the action by making a settlement for $1,150. Of this amount, $1,000 was allocated to Virginia J. Riker and $150 to her husband. The jury returned verdicts of $3,500 for Virginia Riker and $425 for her husband against the appellant after deducting the amount of the previous settlement. Appellant argues that no negligence has been shown against it, in that the exhibit which caused the injuries was set up by and on behalf of Cub Pack 11 and not appellant and further that the accident was caused solely by the negligence of an employee of the Saratogian. The respondents maintain that the appellant is responsible for the actions of the members of Cub Pack 11 in setting up the exhibits and that the appellant was negligent in failing to properly inspect and supervise the exhibition. There is no dispute that the Scout-O-Rama was under the sponsorship and direction of the appellant. The appellant argues, however, that Mr. Taylor in setting up the exhibit which caused the accident was acting solely as cub master of Cub Pack 11 and that it therefore cannot be held responsible for his actions. Clearly Cub Pack 11 is part of the appellant’s organization and there appears to be no reason why the appellant should not be held responsible for its negligence in setting up an exhibit at an exhibition conducted by and under the direction of the appellant and for which it charged admission. It further seems clear, that the jury could have found that the members of the Cub Pack and particularly the cub master were its agents in setting up the exhibit at the armory, on this record. The executive director of appellant testified that a committee was set up to establish and supervise the Scout-O-Rama and whatever they did in connection therewith was done for the appellant. The head of this committee testified that the various troops were assigned areas in which to set up their exhibits. He further testified that Mr. Taylor, the cub master, had authority to set up decorations at his booth. Mr. Taylor testified that he had been requested by