Legal Opinion

Gardner v. State of New York

New York Court of Appeals

Decided July 11, 1939No. Claim 24499; Claim 24500PublishedCited by 10 opinions

1Per curiam

The Appellate Division found that failure to instruct the infant claimant pursuant to the customary method was the proximate cause of her injuries. We think this finding is in accord with the weight of the evidence. The question whether the head stand exercise was inherently dangerous to young children, even when properly instructed, is not presented by the record.

In each action the judgment should be affirmed, with costs.

2Cited by10 opinions

  1. Segerman v. JonesCourt of Appeals of Maryland · 1970
  2. Clark v. Board of EducationNew York Court of Appeals · 1952
  3. Darrow v. West Genesee Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1973
  4. Domino v. MercurioAppellate Division of the Supreme Court of the State of New York · 1962
  5. Tabone v. StateNew York Court of Claims · 1982

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