Donovan v. . B'd of Education of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 3, 1880, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the facts are set forth sufficiently in thé opinion. The defendant is by law constituted the custodian of the premises in question.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made May 3, 1880, affirming a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the facts are set forth sufficiently in thé opinion. The defendant is by law constituted the custodian of the premises in question. (Laws of 1851, chap. 386, § 2; Laws of 1853, chap. 301, § 14; chap. 101 of 1854; chap. 574 of 1871, § 7; chap. 112 of 1873, p. 196, §§ 2, 4.) The defendant is responsible for its own contracts. (Dannat v. The…
1Opinion of the CourtAndrews, J.
This action is brought against the Board of Education of the city of Hew York, to recover damages for an injury sustained by the plaintiff, from falling into an excavation in the yard of premises, occupied as a ward school. The plaintiff, at the time of the accident, was a scholar, attending the school. The excavation into which the plaintiff fell, communicated with the cellar of the school building, -and was provided with an ordinary grating, and the evidence tends to show that the opening had been unnecessarily and negligently left uncovered, at the time of the accident. The masons employed…
2Cases cited1 opinion
- Maxmilian v. . MayorNew York Court of Appeals · 1875
3Cited by11 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- White v. Alabama Insane HospitalSupreme Court of Alabama · 1903
- Folk v. City of MilwaukeeWisconsin Supreme Court · 1900
- Wahrman v. . Board of EducationNew York Court of Appeals · 1907
- Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
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