Ruppert v. Board of Education

Appellate Division of the Supreme Court of New York

Ruppert v. Board of Education

265 A.D. 1018, 39 N.Y.S.2d 354, 1943 N.Y. App. Div. LEXIS 6647

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

DecidedJanuary 25, 1943

StatusPublished

Cited by1 cases

This text of 265 A.D. 1018 (Ruppert 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

Ruppert v. Board of Education, 265 A.D. 1018, 39 N.Y.S.2d 354, 1943 N.Y. App. Div. LEXIS 6647 (N.Y. Ct. App. 1943).

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Opinion

The infant plaintiff suffered a linear fracture of the right frontal bone of her head by striking her head against a pipe four inches in diameter which overhung and protruded into an aisle or passageway used by the pupils to gain access to a table in a cafeteria maintained and operated by defendant for the accommodation of the pupils, of which the infant plaintiff was one. The evidence established that defendant was guilty of negligence.' (Stearns v. Schenectady Day Nursery, 288 N. Y. 574; Ryer v. Sheroak Realty Co., Inc., 256 App. Div. 850; Wahrman v. Board of Education, 187 N. Y. 331.) However, it is our opinion that the judgment in favor of the infant plaintiff is excessive and should be reduced to the amount indicated. Present — Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ.

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The infant plaintiff suffered a linear fracture of the right frontal bone of her head by striking her head against a pipe four inches in diameter which overhung and protruded into an aisle or passageway used by the pupils to gain access to a table in a cafeteria maintained and operated by defendant for the accommodation of the pupils, of which the infant plaintiff was one. The evidence established that defendant was guilty of negligence.' (Stearns v. Schenectady Day Nursery, 288 N. Y. 574; Ryer v. Sheroak Realty Co., Inc., 256 App. Div. 850; Wahrman v. Board of Education, 187 N. Y. 331.) However, it is our opinion that the judgment in favor of the infant plaintiff is excessive and should be reduced to the amount indicated. Present — Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ.

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Bluebook (online)

265 A.D. 1018, 39 N.Y.S.2d 354, 1943 N.Y. App. Div. LEXIS 6647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruppert-v-board-of-education-nyappdiv-1943.

Opinion

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