Bowles v. Board of Education

Judgment appealed from unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and with leave to plaintiffs to apply to amend their pleadings and bill of particulars, upon terms, and a new trial ordered. In this action for damages for personal injuries and for loss of services, the accident complained of occurred June 15, 1956 in a school lunchroom. The infant plaintiff, age 11% years, with a claimed mental capacity of 5 years at the time, sustained severe injuries. An action was instituted against respondent based upon alleged violations of the Education…