Brooks v. Board of Education

Upon the trial of this action it was stipulated that the sole issue to be submitted to the jury would be the question of liability; that if the jury should find for the plaintiff, the court should fix the damages, after considering the reports of the plaintiff’s doctors, the defendant’s doctors and the hospital records, and that the special damages set forth in the bill of particulars should be accepted as correct.

At the end of the plaintiffs ’ case, and again at the end of the whole case, the defendant, the Board of Education of the City of New York, moved to dismiss the plaintiffs’…