Seitz v. Board of Education

Judgment and order of Niagara County Court and judgments of the North Tonawanda City Court reversed on the law and facts and a new trial granted in the North Tonawanda City Court, with costs to abide the event. Memorandum: The court charged the jury that this infant was not an invitee. No exception was taken. Thus the charge became the law of the case and it was the jury’s duty to follow the instruction, whether it was correct or not. Whether the infant was an invitee while upon the abutment was a question of fact to be determined by the jury upon proper instructions. The measure of the duty…