Legal Opinion
Schuyler v. Board of Education of Union Free School District No. 7
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1963PublishedCited by 3 opinions
1Opinion of the CourtTaylor, J.
During a luncheon recess the infant plaintiff, a sixth-grade student then aged 12 years and 3 months, was injured while playing on a fence located on premises of the defendant Board of Education. The fence consisted of a single horizontal pipe 2 to 2% inches in diameter attached 2 feet 2 inches above ground level to interspaced vertical iron bars. It separated a grassed and shrubbed plot contiguous to the front of the school building from a walk leading to its side entrance which was reserved for use by boy pupils. There is no evidence that the fence was improperly constructed or maintained…
2Cases cited11 opinions
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
- Peterson v. City of New YorkNew York Court of Appeals · 1935
- Miller v. Board of EducationNew York Court of Appeals · 1943
- Thompson v. Board of EducationNew York Court of Appeals · 1939
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3Cited by3 opinions
- Ballard v. PollyDistrict Court, District of Columbia · 1975
- McAuliffe v. Town of New WindsorAppellate Division of the Supreme Court of the State of New York · 1991
- Salmond v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1987