Cappel v. Board of Education

In a negligence action to recover damages for personal injuries sustained by the infant plaintiff and for medical expenses and loss of services of her father, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County, entered November 4, 1971 in favor of defendant, upon the trial court’s dismissal of the complaint at the close of plaintiffs’ case at a jury trial. Judgment reversed, on the law, and new trial granted, with costs to abide the event. The appeal did not present questions of fact. The infant plaintiff, who was then five years of age, was injured when other children who…