June, 1934.
Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion the plaintiff made out a prima facie case. Whether the board of education failed to use reasonable care in permitting the bat in question to be used under the circumstances shown, is a question for the jury. Lazansky, P.J., Young, Tompkins and Davis, JJ., concur; Kapper, J., dissents.
Full title:JOSEPH RAPISARDI, an Infant, over the Age of Fourteen Years, by SALVATORE…
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Jun 1, 1934
On the testimony it seems clear to us that the State is liable. ( Van Dyke v. City of Utica, 203 App. Div.…
Dudley v. William Penn CollegeA player fell over it. Frieze v. Rosenthal, 241 App. Div. 719, 269 N.Y.S. 1010 (see 148 Misc. 273, 264 N.Y.S.…