Steele v. Board of Education

Appellate Division of the Supreme Court of New York

Steele v. Board of Education

282 A.D. 895, 124 N.Y.S.2d 899, 1953 N.Y. App. Div. LEXIS 5361

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

DecidedOctober 26, 1953

StatusPublished

This text of 282 A.D. 895 (Steele 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

Steele v. Board of Education, 282 A.D. 895, 124 N.Y.S.2d 899, 1953 N.Y. App. Div. LEXIS 5361 (N.Y. Ct. App. 1953).

Pincite

Opinion

In an action by the infant plaintiff to recover damages for personal injuries and by her father for medical expenses and loss of services, it appears that the infant plaintiff, a senior student in a high school, fell while about to descend four steps leading from the last row of the balcony in the school auditorium to the floor, which steps the said plaintiff had very shortly theretofore ascended. Concededly there was no evidence of faulty illumination, and the action is brought on the theory of negligent construction and maintenance, constituting a nuisance or trap. The construction, which has existed for twenty-five years, was not shown to have been contrary to ordinance or good practice, and there is no evidence of prior similar accident. The court found in favor of plaintiffs, and defendant appeals from the judgment entered on the court’s decision. Judgment reversed on the law and the facts, with costs, and judgment directed in favor of appellant on the merits, with costs. Informal find[896]*896ings and conclusions are reversed. The evidence fails to establish that appellant was negligent in constructing or maintaining the steps in suit. There is no evidence that the infant plaintiff exercised any care in preparing to descend and in descending the steps. Nolan, P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.

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In an action by the infant plaintiff to recover damages for personal injuries and by her father for medical expenses and loss of services, it appears that the infant plaintiff, a senior student in a high school, fell while about to descend four steps leading from the last row of the balcony in the school auditorium to the floor, which steps the said plaintiff had very shortly theretofore ascended. Concededly there was no evidence of faulty illumination, and the action is brought on the theory of negligent construction and maintenance, constituting a nuisance or trap. The construction, which has existed for twenty-five years, was not shown to have been contrary to ordinance or good practice, and there is no evidence of prior similar accident. The court found in favor of plaintiffs, and defendant appeals from the judgment entered on the court’s decision. Judgment reversed on the law and the facts, with costs, and judgment directed in favor of appellant on the merits, with costs. Informal find[896]*896ings and conclusions are reversed. The evidence fails to establish that appellant was negligent in constructing or maintaining the steps in suit. There is no evidence that the infant plaintiff exercised any care in preparing to descend and in descending the steps. Nolan, P. J., Adel, Wenzel, MacCrate and Schmidt, JJ., concur.

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Bluebook (online)

282 A.D. 895, 124 N.Y.S.2d 899, 1953 N.Y. App. Div. LEXIS 5361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-board-of-education-nyappdiv-1953.