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

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

DecidedNovember 23, 1938

StatusPublished

Cited by2 cases

This text of 255 A.D. 417 (Hoose v. Drumm) 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.

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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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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.

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255 A.D. 417, 7 N.Y.S.2d 973, 1938 N.Y. App. Div. LEXIS 4761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoose-v-drumm-nyappdiv-1938.

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