Flaherty v. State of New York

Claimant and one Anthony Sarrentino were inmates of the New York State Training School for Boys at Warwick, New York, a rehabilitation institution to which are committed delinquents not over the age of sixteen years (Social Welfare Law, §§ 411-440). The two boys, who were housed in the same cottage dormitory, had originally been friends, but, with the passage of time, they had become involved in a series of quarrels with each other. Ultimately, goaded by the taunts of his fellows, Sarrentino challenged claimant to a fight with boxing gloves, in accordance with the usual custom at the school.…