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Gardner v. State of New York

22 N.E.2d 344, 281 N.Y. 212, 1939 N.Y. LEXIS 1000
CourtNew York Court of Appeals
DecidedJuly 11, 1939
DocketClaim 24499; Claim 24500
StatusPublished
Cited by10 cases

This text of 22 N.E.2d 344 (Gardner v. State of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gardner v. State of New York, 22 N.E.2d 344, 281 N.Y. 212, 1939 N.Y. LEXIS 1000 (N.Y. 1939).

Opinions

*214 Per Curiam.

The Appellate Division found that failure to instruct the infant claimant pursuant to the customary method was the proximate cause of her injuries. We think this finding is in accord with the weight of the evidence. The question whether the head stand exercise was inherently dangerous to young children, even when properly instructed, is not presented by the record.

In each action the judgment should be affirmed, with costs.

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Bluebook (online)
22 N.E.2d 344, 281 N.Y. 212, 1939 N.Y. LEXIS 1000, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-state-of-new-york-ny-1939.