Legal Opinion

Miller v. Board of Education

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

Decided December 4, 1936PublishedCited by 11 opinions

1Opinion of the Court

Actions to recover for damages for personal injuries and for expenses and loss of services due to infant plaintiff’s falling from a gymnasium apparatus called a monkey bar, maintained by the defendant in the yard of the public school which the child attended. Judgments for the plaintiffs reversed on the law, with costs, and the complaints dismissed, with costs. Defendant breached no duty owing to the infant plaintiff that had any causal relation to the accident. General superintendence would not reasonably have been of any avail to avoid the accident. The requirement of specific supervision…

2Cases cited1 opinion

  1. Peterson v. City of New YorkNew York Court of Appeals · 1935

3Cited by11 opinions

  1. Pope v. StateNew York Court of Claims · 1950
  2. Elmore v. SonesDistrict Court of Appeal of Florida · 1962
  3. Hillman v. Greater Miami Hebrew AcademySupreme Court of Florida · 1954
  4. Blume v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1942
  5. Hunt v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974

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