Herman v. . Board of Education
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 29, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The evidence in this case wholly fails to establish a cause of action against the defendants. (Maxmilian v. Mayor, etc., of N. Y., 62 N. Y. 160; Corbett v. St. Vincent Indus. School, 177 N. Y. 16; Ackley v. Bd. of Education, 177 App.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 29, 1921, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The evidence in this case wholly fails to establish a cause of action against the defendants. (Maxmilian v. Mayor, etc., of N. Y., 62 N. Y. 160; Corbett v. St. Vincent Indus. School, 177 N. Y. 16; Ackley v. Bd. of Education, 177 App. Div. 44, 46; Gunnison v. Bd. of Education, 176 N. Y. 11; Scheiffelin v. Komfort, 212 N. Y. 528.) An agency of the state in the performance…
1Opinion of the CourtPound, J.
Plaintiff, a pupil in the manual training department of the Arcadia High School, received injuries while operating an unguarded buzz saw as a part of his school work. Defendant board of education is a body corporate with capacity to sue and be sued (Ham v. Mayor, etc., of N. Y., 70 N. Y. 459), having the power and impressed with the duty to superintend, manage and control the school. (Education Law [Cons. Laws, ch. 16], § 310.) Defendant Croop is the superintendent of schools in charge under the board of education of the school property. The manual training department is maintained by…
2Cases cited9 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Bassett v. . FishNew York Court of Appeals · 1878
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
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3Cited by73 opinions
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Palmer v. Board of EducationNew York Court of Appeals · 1937
- Ramirez v. City of CheyenneWyoming Supreme Court · 1925
- Hamburger v. Cornell UniversityNew York Court of Appeals · 1925
- Collins v. Manhattan & Bronx Surface Transit Operating AuthorityNew York Court of Appeals · 1984
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