@simcha-My bad. You were right. I’m going to post a bit of the court’s opinion though I don’t know if the Mods will find it to be too long. Friedman v State.282 N.Y.S.2d 858
After arriving at the top of the chair lift, they walked away from the ski lift area, through the picnic area to an area, where they were out of sight of the ski lift terminal, and had their picnic lunch. They then wandered around the area sight seeing. Miss Friedman testified that it started to become colder, she was dressed in a cotton skirt, light blouse, and sneakers, and that she thought she looked at her watch and, as it was about 5:10 P.M., she said they should go back down the mountain. Mr. Katz thought it was about 5:30 P.M. when they decided to go back down the mountain. It took them about 10 to 15 minutes to walk to the chair lift area. When they arrived there, they found it deserted but the chair lift was still in operation. Mr. Katz suggested that they walk the trail down but Miss Friedman was cold and tired and, as they had purchased round-trip tickets, *452 suggested that they get on the chair lift and ride it down the mountain; which they did. They did not observe any barriers which prevented their walking to the loading platform; and, they did not have to climb over, through, or under any barriers to reach the loading platform. They did not observe any signs which forbade their entering the loading area when attendants were not present. A few minutes after they started down on the chair lift, at about towers 15 and 16, the chair lift ceased operation and these two young people were stranded, suspended 20 to 25 feet in the air. They screamed and yelled for help for over 15 minutes but to no avail. They discussed their situation and Miss Friedman became agitated, panicky and reached a stage of near hysteria at the prospect of being stranded on the mountain, 25 feet in the air, overnight. It **862 is our opinion, and we so find, that she reached the hysterical frame of reference for two reasons. In the first instance, it does not require much imagination or experience to determine that a lightly dressed 16 year old city girl might become hysterical at the prospect of spending a night on a mountainside, suspended in the air and with no apparent reason to hope for rescue until the next morning. Secondly, we must add to the fact of expectable hysteria, the moral compulsion this young lady believed she was under, not to spend a night alone with a man.