Donovan v. Board of Education
The Superior Court of New York City
The action is brought to recover damages for personal injuries sustained by the plaintiff on the 22d of November, 1875, by falling into an unguarded opening extending from the yard of a public school building, in Vandewater street, in the city of New York, into the cellar of said building, in consequence of the negligence of the defendant, in allowing the covering thereof to be left open.
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The action is brought to recover damages for personal injuries sustained by the plaintiff on the 22d of November, 1875, by falling into an unguarded opening extending from the yard of a public school building, in Vandewater street, in the city of New York, into the cellar of said building, in consequence of the negligence of the defendant, in allowing the covering thereof to be left open. The answer is in effect a general denial of all the allegations of the complaint, with the exception of the following, which it expressly admits: I. That the defendants are a corporation created by and…
1Opinion of the Court
By the Court—Freedman, J.
The complaint having been dismissed at the trial before any proof was offered, the position of the parties is substantially the same as upon a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. For the purpose of determining whether it does or not, every allegation contained in it must be taken as true.
The complaint alleges that the defendant is a corporation created by and existing under the laws of the state of Hew York, and that as such it was not only its duty to see that the school premises in question…
2Cases cited4 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Paige v. . WilletNew York Court of Appeals · 1868
- Terry v. MayorThe Superior Court of New York City · 1861
- Clarissey v. Metropolitan Fire DepartmentThe Superior Court of New York City · 1869
3Cited by1 opinion
- Reyes v. MiddletonSupreme Court of Florida · 1895