Garber v. Central School District Number One
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMcNamee, J.
On proof of the facts stated the defehdant contends that there was no evidence from which an inference may be drawn that the board of education failed in any duty which brought about the infant plaintiff’s injury, and, therefore, the complaint was properly dismissed. Defendant cites a number of cases said to support its theory, either as a direct authority or as looking in the same direction.
One was a case where a child ran into an open elevator shaft of the school, while at play, after notice to the board of the defect, and failure to repair. It involved only the maintenance of the school…
2Cases cited12 opinions
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Peterson v. City of New YorkNew York Court of Appeals · 1935
- Hamburger v. Cornell UniversityNew York Court of Appeals · 1925
- Lessin v. Board of EducationNew York Court of Appeals · 1928
- Williams v. Board of TrusteeAppellate Division of the Supreme Court of the State of New York · 1924
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Decker v. Dundee Central School DistrictNew York Court of Appeals · 1958
- Lockwood v. Village of Buchanan, New York County Courts1959
- Graff v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1939
- Ferraro v. Board of EducationNew York Supreme Court · 1961
- Gardner v. StateAppellate Division of the Supreme Court of the State of New York · 1939
5 more not listed; retrieve them via the Exa API.