Thomas v. City of New York

The infant plaintiff, a boy of fifteen years, suffered the loss of an eye, when a scriber which had been inserted into and clamped in place in a chuck, which was part of a speed lathe, flew from its fastening. The .action was submitted to the jury upon the theory that the defendant Board of Education failed in its duty to the pupils, of whom plaintiff was one, in permitting them to use a broken and defective machine, with notice of its condition. Before the jury retired to deliberate, the trial court reserved decision upon a motion to direct a verdict in favor of the defendant. In his .charge…