Bennett v. Board of Education

In an action brought by plaintiff, an infant, to recover damages for personal injuries suffered as a result of his being struck by a stick that forcibly slipped out of the batter’s hands during a stickball game in a public schoolyard, after school hours, while plaintiff was in the yard watching the game, the defendant appeals from a judgment of the Supreme Court, Kings County, entered May 4, 1959, after trial, upon a jury’s verdict in favor of plaintiff for $35,000. Judgment reversed on the law, without costs, and complaint dismissed. Ho questions of fact were considered. In our opinion,…