Dohovan v. McAlpin
The Superior Court of New York City
Motion for new trial on exceptions ordered to be heard in first instance at general term. The complaint alleged that the plaintiff was on, &c., a scholar, attending a public school of the city, in the 4th ward ; that five of the defendants were then, &c., “holding the office known as ward trustees or school trustees of said ward, and were charged with the care, custody and safe keeping of said school building and premises, and with the duty of keeping the same at all times…
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Motion for new trial on exceptions ordered to be heard in first instance at general term. The complaint alleged that the plaintiff was on, &c., a scholar, attending a public school of the city, in the 4th ward ; that five of the defendants were then, &c., “holding the office known as ward trustees or school trustees of said ward, and were charged with the care, custody and safe keeping of said school building and premises, and with the duty of keeping the same at all times repaired, and in a secure, safe and proper condition at all times, for the use of this plaintiff and such other scholars…
1Opinion of the Court
By the Court.—Sedgwick, J.
The learned counsel did not, on this appeal, discuss the legal character of the office of trustees of common schools of the city of' New York, for the respective wards (L. 1873, c. 112, § 6). The counsel for appellant claimed that if the official body named by the statute were responsible for damage caused by the negligence of the workmen employed by it to repair the school-house, the law made the different individuals who composed the body personally liable. Nor did the counsel for respondent state his views of the legal character of these officers. The argument…
2Cases cited4 opinions
- Bassett v. . FishNew York Court of Appeals · 1878
- Hover v. BarkhoofCommission of Appeals · 1870
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Gardner v. . Board of Health of the City of New YorkNew York Court of Appeals · 1852