Donovan v. Board of Education
The Superior Court of New York City
The action is brought to recover damages for personal injuries sustained by the plaintiff on November 22, 1875, by falling into an unguarded opening extending from the yard of a public school building in Vandewater street, in the city of New York, into the cellar of said building, in consequence of the negligence of the defendant in allowing the covering thereof to be left open.
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The action is brought to recover damages for personal injuries sustained by the plaintiff on November 22, 1875, by falling into an unguarded opening extending from the yard of a public school building in Vandewater street, in the city of New York, into the cellar of said building, in consequence of the negligence of the defendant in allowing the covering thereof to be left open. The answer is in effect a general denial of all the allegations of the complaint, with the exception of the following, which it expressly admits : I. That the defendants are a corporation created by and existing under…
1Opinion of the Court
By the Court.—Freedman, J.
The complaint having been dismissed at the trial before any proof was offered, the position of the parties is substantially the same as upon a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. For the purpose of determining whether it does or not, every allegation contained in it must be taken as true.
The complaint alleges that the defendant is a corporation, created by, and existing under the laws of the State of ¡New York, and that, as such, it was not only its duty to see that the school premises in…
2Cases cited6 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Paige v. . WilletNew York Court of Appeals · 1868
- Gildersleeve v. Board of EducationNew York Court of Common Pleas · 1863
- Terry v. MayorThe Superior Court of New York City · 1861
- Gardner v. . Board of Health of the City of New YorkNew York Court of Appeals · 1852
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