Ackley v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter Ackley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 27th day of March, 1915, upon a dismissal of the complaint by direction of the court at the opening of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
The infant plaintiff, when at work upon a printing press, had his knee caught in cogwheels and was injured. He sues for negligence, but was dismissed rightfully upon the complaint and the opening of his case.
The learned counsel for the plaintiff stated at Trial Term that his opening was but amplification of the complaint. We read in the complaint that it charges negligence in failure to provide instruction and training, or a safe place for work, or proper rules for working and guarding machinery, or proper guards for machinery, or a competent person to take charge of the work. We…
2Cases cited4 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Lewis v. . the StateNew York Court of Appeals · 1884
- Corbett v. . St. Vincent's Industrial SchoolNew York Court of Appeals · 1903
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
- Goodman v. Brooklyn Hebrew Orphan AsylumAppellate Division of the Supreme Court of the State of New York · 1917
- Town of Onondaga v. Central School District No. 1New York Supreme Court · 1968
- In re John R.New York City Family Court · 1974
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