Applebaum v. Board of Education

Appellate Division of the Supreme Court of New York

Applebaum v. Board of Education

272 A.D.2d 875

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 1947

StatusPublished

This text of 272 A.D.2d 875 (Applebaum v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Applebaum v. Board of Education, 272 A.D.2d 875 (N.Y. Ct. App. 1947).

Pincite

Opinion

Van Voorhis, J.

(dissenting and voting to dismiss the complaint). If boards of education are to be subjected to absolute liability in the case of injuries to children sustained in performing classroom chores, it will need to be done by statute rather than by stretching the law of negligence to cover the situation. School boards and districts have not yet become insurers of safety in the fulfillment by a pupil of a mission so apparently harmless in nature as the opening of a window in good repair, even if done by using the ordinary window pole. It seems to. me that the judgment can be affirmed on no other basis.

I vote to reverse and dismiss the complaint.

Cohn, Callahan and Peck, JJ., concur in decision; Van Voorhis, J., dissents in opinion.

Judgment affirmed, with costs. Mo opinion.

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Van Voorhis, J.

(dissenting and voting to dismiss the complaint). If boards of education are to be subjected to absolute liability in the case of injuries to children sustained in performing classroom chores, it will need to be done by statute rather than by stretching the law of negligence to cover the situation. School boards and districts have not yet become insurers of safety in the fulfillment by a pupil of a mission so apparently harmless in nature as the opening of a window in good repair, even if done by using the ordinary window pole. It seems to. me that the judgment can be affirmed on no other basis.

I vote to reverse and dismiss the complaint.

Cohn, Callahan and Peck, JJ., concur in decision; Van Voorhis, J., dissents in opinion.

Judgment affirmed, with costs. Mo opinion.

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Bluebook (online)

272 A.D.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applebaum-v-board-of-education-nyappdiv-1947.