Staruck v. County of Otsego

Appeal by plaintiffs from an order and judgment dismissing the complaint herein. The trial court reserved decision on motions made at the close of the plaintiffs’ proof and submitted the case to a jury, which found a verdict for plaintiffs in the sum of $8,250.

On March 23, 1951, the plaintiff Emma Staruck was shot and seriously wounded with a .22 calibre rifle in the hands of a delinquent boy who was then about fourteen years of age. He had been temporarily placed in a boarding home, pending his admittance to the Berkshire Industrial School. While there he stole a .22 rifle from the home,…