Opinion
October 22, 1951.
Action to recover damages for personal injuries sustained by the infant plaintiff in a public school gymnasium, which injuries were sustained when he and another boy in his class collided on a mat during the course of an activity of executing somersaults, which activity had been assigned to them by their teacher; and by the infant's father to recover for expenses and loss of services. The case was submitted to the jury on a theory of negligence in that there had been inadequate supervision of the children. The trial court set aside a verdict in favor of each plaintiff and against the defendant Board of Education of the City of New York and dismissed the complaint, on the ground that the verdict could rest on surmise only. The appeal is by plaintiffs from the judgment dismissing the complaint. Judgment affirmed, with costs. No opinion.
Carswell, Johnston, Sneed and Wenzel, JJ., concur;
In my opinion a jury question was presented as to the failure of the teacher to give proper instructions. (Cf. Gardner v. State of New York, 281 N.Y. 212.)