This section contains the nature of the case and procedural background.

Steeplechase Amusement Co (D) ran an amusement park. One ride was called 'The Flopper,' a moving belt that the patron would step on and either make them fall or push them up an incline. Murphy (P) watched others ride 'The Flopper.' He knew that a fall was one of the risks. Nevertheless, P decided to try the ride. P claims that the belt jerked when he got on, causing him to fall and fracture his knee. P sued for damages, claiming the belt was dangerous to life and limb, that it stopped and started violently and suddenly, and was not properly equipped to prevent injuries to persons who were using it without knowledge of its dangers. The trial court ruled for P. The appellate court affirmed.

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