Legal Opinion

Kelly v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1920No. 1PublishedCited by 7 opinions

Appeal by the defendant, The Board of Education of the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of April, 1919, upon the verdict of a jury for $4,500, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Page, J.:

The action was originally brought against the city of New York and the board of education of the city of New York, but the complaint as against the city of New York was dismissed at the close of the plaintiff’s case. The facts are that William Kelly, the infant plaintiff, residing at 232 East Seventy-fourth street, formerly attended a public school at 203 East Seventy-fifth street, but stopped going to school in June, 1916, and was employed in the Orthopedic Hospital. On the evening of November 9, 1916, the plaintiff visited the gymnasium in Public School No. 158, located on Avenue A…

2Cited by7 opinions

  1. Van Dyke v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1922
  2. Stevens v. Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1966
  3. Howard County Board of Education v. CheyneCourt of Special Appeals of Maryland · 1994
  4. Kidwell v. School District No. 300Washington Supreme Court · 1959
  5. Kelly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1920

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