Legal Opinion

Wahrman v. . Board of Education

New York Court of Appeals

Decided February 19, 1907PublishedCited by 16 opinions

Appeal from a judgment of the Appellate Division of the ,, Supreme Court in the second judicial department, entered March 11, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtHaight, J.

This action was brought to recover damages for a personal injury. » The plaintiff was a pupil, twelve years of age, attending Public School No. 100 in West Third street, Coney Island, in the city of New York. On the 27th day of May, 1904, while occupying a seat assigned to him in .the schoolroom, the ceiling of the room broke and fell upon the. top of his head fracturing his skull and causing the injury for which this action was brought. Upon the trial there was evidence given tending to show that the schoolliouse and. the ceiling were out of repair; that it had been examined by inspectors…

2Cases cited4 opinions

  1. Bassett v. . FishNew York Court of Appeals · 1878
  2. Ham v. Mayor of New YorkNew York Court of Appeals · 1877
  3. Donovan v. . McAlpinNew York Court of Appeals · 1881
  4. Donovan v. . B'd of Education of City of N.Y.New York Court of Appeals · 1881

3Cited by16 opinions

  1. Herman v. . Board of EducationNew York Court of Appeals · 1922
  2. Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
  3. Lessin v. Board of EducationNew York Court of Appeals · 1928
  4. Bennett v. City of PortlandOregon Supreme Court · 1928
  5. Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921

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