Bassett v. . Fish
New York Court of Appeals
.Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order affirming an order denying a motion for a new trial, and directing judgment on a verdict.
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.Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order affirming an order denying a motion for a new trial, and directing judgment on a verdict. (Reported, below, 12 JEIun, 209.) This action was brought against defendants as trustees of ‘ ‘ Gowanda Union Free School District No. 1 ” for alleged negligence in suffering the floor of one of the recitation rooms in the school-house in said district to become and remain out of repair in consequence of which plaintiff who was employed as a teacher in said…
1Opinion of the CourtFolger, J.
We have reached the conclusion, in this case, 'that the judgment for the plaintiff should be reversed, and a new trial ordered, with costs to abide event. Though this • determination is based upon the character of the defendants, .as components of a body corporate, it may be well that we give our notions of other points presented, so that they may not embarrass a trial court, if the case is again brought before it.
It was urged that the negligence of the plaintiff contributed to her injury, and that therefore she cannot maintain her action; and further, that that negligence was so manifest…
2Cases cited2 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Hover v. BarkhoofCommission of Appeals · 1870
3Cited by74 opinions
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Rugg v. StateAppellate Division of the Supreme Court of the State of New York · 1954
- Consolidated School District No. 1 v. WrightSupreme Court of Oklahoma · 1927
- Roslyn Union Free School District v. BarkanNew York Court of Appeals · 2011
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