Legal Opinion
Domino v. Mercurio
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1962PublishedCited by 5 opinions
1Opinion of the CourtHalpern, J.
This action was brought to recover for injuries suffered by the infant plaintiff when he fell over a bench while playing in a softball game in a school playground maintained by the Board of Education of the City of Buffalo, on August 23,1956.
The playground was screened in by a fence. The third base line was 27 feet from the nearest fence. There were three benches in the baseball area; one was on the first base side, and two were on the third base side, up against the fence. It was contemplated that the players would use the benches while they were awaiting their turn at bat. The game in which…
2Cases cited27 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Ohman v. Board of Educ. of City of N.Y.New York Court of Appeals · 1949
- Bassett v. . FishNew York Court of Appeals · 1878
- Herman v. . Board of EducationNew York Court of Appeals · 1922
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3Cited by5 opinions
- Dries v. GregorAppellate Division of the Supreme Court of the State of New York · 1980
- Dudley v. William Penn CollegeSupreme Court of Iowa · 1974
- Murray v. Watervliet City School DistrictAppellate Division of the Supreme Court of the State of New York · 1987
- Moss v. School District of NorristownDistrict Court, E.D. Pennsylvania · 1966
- Steffani v. BakerNew Rochelle City Court · 1976