Sweet v. Board of Education of Union Free School District No. 9

This is an action to recover damages for personal injuries sustained by an infant schoolboy when he fell through a skylight in the defendant’s school building while he was engaged in placing a cover over the skylight. Defendant moved under rules 106 and 107 of Buies of Civil Practice for an order dismissing the complaint on the ground that plaintiff’s only remedy, as an employee of defendant, was under Workmen’s Compensation Law and thus the court had no jurisdiction of the subject-matter of the action.

Plaintiff was one of several students in Canastota High School who had been approved as…