Hoose v. Drumm

Appellate Division of the Supreme Court of New York

Hoose v. Drumm

255 A.D. 417, 7 N.Y.S.2d 973, 1938 N.Y. App. Div. LEXIS 4761

Appellate Division of the Supreme Court of the State of New York·Decided November 23, 1938·Published·Cited by 2 cases

Opinions

Judgment and order affirmed, with costs.

Hill, P. J.,

Rhodes and Crapser, JJ., concur; Hill, P. J., upon the ground that the injury was received on a portion of defendants’ lands across the highway from the school and playground. It was unfenced and in the state in which nature had left it. Plaintiff was not invited to go thereon more than upon lands owned by a private individual. The injury was received through the act of another pupil, against which defendants could not and did not attempt to guard; McNamee, J., dissents, with an opinion; Heffernan, J., dissents, with an opinion.

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Judgment and order affirmed, with costs.

Hill, P. J.,

Rhodes and Crapser, JJ., concur; Hill, P. J., upon the ground that the injury was received on a portion of defendants’ lands across the highway from the school and playground. It was unfenced and in the state in which nature had left it. Plaintiff was not invited to go thereon more than upon lands owned by a private individual. The injury was received through the act of another pupil, against which defendants could not and did not attempt to guard; McNamee, J., dissents, with an opinion; Heffernan, J., dissents, with an opinion.

Hoose v. Drumm, 255 A.D. 417, 7 N.Y.S.2d 973, 1938 N.Y. App. Div. LEXIS 4761 (N.Y. Ct. App. 1938).

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