Brooks v. Board of Education

Appellate Division of the Supreme Court of New York

Brooks v. Board of Education

15 A.D.2d 495, 222 N.Y.S.2d 184, 1961 N.Y. App. Div. LEXIS 7434

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

DecidedDecember 4, 1961

StatusPublished

This text of 15 A.D.2d 495 (Brooks 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

Brooks v. Board of Education, 15 A.D.2d 495, 222 N.Y.S.2d 184, 1961 N.Y. App. Div. LEXIS 7434 (N.Y. Ct. App. 1961).

Pincite

Opinion

The infant plaintiff was injured while participating in a game conducted at the school gymnasium during a regularly scheduled physical education class. A group of boys was placed on one side of the gymnasium and another group was placed on the other side. A ball was placed in the center of the floor. Each boy on one side was given a number, and corresponding numbers were given the boys on the other side. The numbers were assigned at random to the boys on both sides. When a number was called the two boys who had the same assigned number would race toward the ball and each would attempt to kick it first. Plaintiff was injured as a result of being kicked by a boy who was much taller and much heavier than he. In our opinion the evidence was sufficient to present a prima facie ease. The doctrine of assumption of risk, urged by defendant on this appeal, was not submitted to the jury in the charge of the court; and no instruction was requested by defendant with respect thereto. Nor did defendant take any exception to the charge to the jury. Nolan, P. J., Beldoek, Christ, Pette and Brennan, JJ., concur. [29 Misc 2d 19.]

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The infant plaintiff was injured while participating in a game conducted at the school gymnasium during a regularly scheduled physical education class. A group of boys was placed on one side of the gymnasium and another group was placed on the other side. A ball was placed in the center of the floor. Each boy on one side was given a number, and corresponding numbers were given the boys on the other side. The numbers were assigned at random to the boys on both sides. When a number was called the two boys who had the same assigned number would race toward the ball and each would attempt to kick it first. Plaintiff was injured as a result of being kicked by a boy who was much taller and much heavier than he. In our opinion the evidence was sufficient to present a prima facie ease. The doctrine of assumption of risk, urged by defendant on this appeal, was not submitted to the jury in the charge of the court; and no instruction was requested by defendant with respect thereto. Nor did defendant take any exception to the charge to the jury. Nolan, P. J., Beldoek, Christ, Pette and Brennan, JJ., concur. [29 Misc 2d 19.]

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Bluebook (online)

15 A.D.2d 495, 222 N.Y.S.2d 184, 1961 N.Y. App. Div. LEXIS 7434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-board-of-education-nyappdiv-1961.

Opinion

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