Legal Opinion

Nestor v. City of New York

New York Supreme Court

Decided February 15, 1961PublishedCited by 6 opinions

1Opinion of the CourtMurray T. Feideh, J.

In an action against the Board of Education to recover damages for injuries sustained by the infant plaintiff when he was struck by a hat wielded by another infant, the jury returned a verdict in favor of plaintiffs. The defendant moved to set aside the verdict upon the grounds specified in section 549 of the Civil Practice Act. Decision was reserved on this motion, on the motions to dismiss the complaint made at the end of plaintiffs’ case and of the entire case, and on the motion for a directed verdict.

The verdict in plaintiffs’ favor constrains the court to view the evidence adduced by…

2Cases cited5 opinions

  1. Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
  2. Curcio v. City of New YorkNew York Court of Appeals · 1937
  3. Rawstorne v. MaguireNew York Court of Appeals · 1934
  4. Blume v. City of NewburghNew York Court of Appeals · 1943
  5. Barth v. Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1951

3Cited by6 opinions

  1. Segerman v. JonesCourt of Appeals of Maryland · 1970
  2. Stanley v. Board of EducationAppellate Court of Illinois · 1973
  3. Brackman v. AdrianCourt of Appeals of Tennessee · 1971
  4. Connett Ex Rel. Connett v. Fremont County School District No. 6Wyoming Supreme Court · 1978
  5. Amilivia Nazario v. Estado Libre AsociadoSupreme Court of Puerto Rico · 1971

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