Graney v. Graney

Staley, Jr., J. P.

(dissenting). On August 7, 1967, Michael Sean Q-raney, an infant, four years of age,, went to the playground of the Shaker Elementary School with his father, the defendant herein. While his father was watching a softball game on the playground site, Michael, who was playing on the school playground, attempted to climb an' 11-foot-high sliding board and fell from the ladder of the slide injuring his left arm and elbow.

The complaint alleges that the defendant was negligent in. allowing the infant plaintiff to stray out of his immediate control, and to engage in dangerous play…