Legal Opinion

Ohman v. Board of Educ. of City of N.Y.

New York Court of Appeals

Decided December 29, 1949PublishedCited by 95 opinions

1Opinion of the CourtDye, J.

In this tort action for damages for personal injuries

suffered by the plaintiff, then a pupil in a public school, we are asked to say that the jury could properly find that it was due to the negligence of the teacher in absenting herself from the classroom. The board of education in New York City is now liable for the negligence of a school teacher (Education Law, § 881-a, as it existed in 1938, now § 2510; Reeder v. Board of Educ. of City of N. Y., 265 App. Div. 158, affd. 290 N. Y. 829).

On November 15, 1938, at about 2:15 p.m., the plaintiff, Herbert Ohman, then aged thirteen years and a…

2Cases cited10 opinions

  1. Hoose v. S. S. DrummNew York Court of Appeals · 1939
  2. Miller v. Board of EducationNew York Court of Appeals · 1943
  3. Clark v. City of BuffaloNew York Court of Appeals · 1942
  4. Graff v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1939
  5. Berner v. Board of EducationNew York Court of Appeals · 1941

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3Cited by95 opinions

  1. Mirand v. City of New YorkNew York Court of Appeals · 1994
  2. Rupp v. BryantSupreme Court of Florida · 1982
  3. Convey v. City of Rye School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
  4. Lawes v. Board of EducationNew York Court of Appeals · 1965
  5. Collins v. School Bd. of Broward CountyDistrict Court of Appeal of Florida · 1985

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