Hauser v. South Orangetown Central School District No. 1

Martuscello, J.,

dissents and votes to reverse and grant a new trial, with the following memorandum: The 12-year-old infant plaintiff, Louis E. Hauser, who was somewhat overweight, was injured while attempting a running high jump during a gymnasium class. Just before this he and several other students failed to clear the bar. There was conflicting evidence as to whether the bar was raised after these unsuccessful jumps and whether Louis was told by his teacher to try again at the greater height. In any event, he did attempt a second jump and was injured when he again failed to clear the bar.…