Legal Opinion

Spear v. Koshelle

City of New York Municipal Court

Decided January 31, 1934Published

1Opinion of the CourtDonnelly, J.

During the summer of 1929, the infant plaintiff, then twelve years of age, was one of about seventy-five children boarding at the Maple Lake Camp, in Sullivan county, N. Y., which was conducted and operated by the defendant. The fee charged by the defendant for the infant plaintiff’s board at the camp was paid.

On August 9, 1928, all of the campers assembled in the mess hall for the evening meal. The infant plaintiff occupied the seat assigned to him at one of the tables. He sat with his back toward the door of the kitchen, which adjoined the mess hall. While thus seated, and without any…

2Cases cited5 opinions

  1. Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
  2. Karpeles v. . HeineNew York Court of Appeals · 1919
  3. Kircher v. Iron Clad Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909
  4. Kircher v. . Iron Clad Manufacturing CompanyNew York Court of Appeals · 1911
  5. Danaher v. American Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1908

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