Wahrman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board of Education of the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of March, 1905, upon the verdict of a jury for $4,000, and also from two orders entered in said clerk’s office on the 9th day of March, 1905, respectively, denying the said defendant’s motion for a new trial made upon the minutes, and granting. the.' plaintiff’s motion…
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Appeal by the defendant, The Board of Education of the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of March, 1905, upon the verdict of a jury for $4,000, and also from two orders entered in said clerk’s office on the 9th day of March, 1905, respectively, denying the said defendant’s motion for a new trial made upon the minutes, and granting. the.' plaintiff’s motion for an extra allowance:
1Opinion of the Court
Rich, J.:. ' The plaintiff, an infant twelve years of age, has- recovered a judgment for a personal injury sustained on May 27, 1904, while attending a public school in the city.of Kew York, caused by plaster of the ceiling of the schoolroom falling upon him. It is not disputed that he was a scholar attending the school; that the plaster fell upon him, inflicting a very severe and permanent injury.,, and that he was without fault. ,
It is contended by the appellant that, it cannot be'held liable for the' negligence of its servants dr agents in allowing scholars, to occupy an unsafe school…
2Cases cited5 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Carrington v. City of St. LouisSupreme Court of Missouri · 1886
- Galvin v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Donovan v. . B'd of Education of City of N.Y.New York Court of Appeals · 1881
- Brown v. City of New YorkNew York Supreme Court · 1900
3Cited by1 opinion
- Jaked v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921