Scott v. Board of Education

Appellate Division of the Supreme Court of New York

Scott v. Board of Education

16 A.D.2d 1009, 1962 N.Y. App. Div. LEXIS 9092

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

DecidedJune 21, 1962

StatusPublished

This text of 16 A.D.2d 1009 (Scott 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

Scott v. Board of Education, 16 A.D.2d 1009, 1962 N.Y. App. Div. LEXIS 9092 (N.Y. Ct. App. 1962).

Pincite

Opinion

The record would sustain a verdict either for assault or negligence, and there is no contention that either is against the weight of evidence; but the record does not sustain a verdict found on both negligence and assault and is thus inconsistent. Judgment reversed on the law and the facts, with costs to plaintiffs, and a new trial ordered unless within 10 days from notice of entry of the order herein, plaintiffs stipulate to a modification to base the judgment either on assault or negligence, in which event the judgment as thus modified is affirmed. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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The record would sustain a verdict either for assault or negligence, and there is no contention that either is against the weight of evidence; but the record does not sustain a verdict found on both negligence and assault and is thus inconsistent. Judgment reversed on the law and the facts, with costs to plaintiffs, and a new trial ordered unless within 10 days from notice of entry of the order herein, plaintiffs stipulate to a modification to base the judgment either on assault or negligence, in which event the judgment as thus modified is affirmed. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Bluebook (online)

16 A.D.2d 1009, 1962 N.Y. App. Div. LEXIS 9092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-board-of-education-nyappdiv-1962.