Hamburger v. Cornell University
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louise Hamburger, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Saratoga on the 12th day of February, 1918, sustaining a demurrer to the second amended complaint and dismissing said complaint.
1Opinion of the Court
Woodward, J.:
The learned court at Special Term reaches the conclusion that our common-school system is a branch or department of government and those who administer it are administering a government activity or function, are the ministers or servants of the State in so doing, and would not be liable in negligence for misuser or nonuser, and then sets forth some of the statutory history of Cornell University, and reaches the conclusion that this corporation is, likewise, administering a government activity or function, and is, therefore, absolved from liability for the negligence of its…
2Cases cited3 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- New York & New England Railroad v. BristolSupreme Court of the United States · 1894
- Olcott v. SupervisorsSupreme Court of the United States · 1873
3Cited by11 opinions
- Powe v. MilesCourt of Appeals for the Second Circuit · 1968
- Powe v. MilesCourt of Appeals for the Second Circuit · 1968
- Green v. StateNew York Court of Claims · 1919
- Hamburger v. Cornell UniversityAppellate Division of the Supreme Court of the State of New York · 1923
- Effron v. StateNew York Court of Claims · 1953
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