Stemmler v. State

Herlihy, J. P.

Appeal by the State and cross appeal by the claimants from a judgment of the Court of Claims, entered February 14, 1968, which awarded damages to the claimants. The claimant Helen Stemmier was skating on a roller skating rink on June 6, 1965 when she encountered a group of boys congregated near the railing of the rink and behaving in a boisterous manner. As she skated away from the rail to avoid the group, she was struck by one of the boys and fell, suffering injuries. The State contends that the record does not show that the boys had been congregated and acting in a boisterous…