# Katterschinsky v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · October 15, 1925 · 215 A.D. 695

URL: https://www.frixlaw.com/law-library/cases/5281412

## Case

- **Full name:** Fred Katterschinsky, Jr., an Infant, by Charles Endres, His Guardian ad Litem v. The Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 15, 1925
- **Citations:** 215 A.D. 695
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5281412

## Opinion text

Judgment unanimously affirmed, with costs. The doctrine of respondeat superior does not apply to the board of education in the discharge of its governmental functions. (Herman v. Board of Education, 234 N. Y. 196 ; Johnson v. Board of Education, 210 App. Div. 723 .) The charge here is not that the board of education, as such, was negligent, but that the negligent act was that of the teachers in charge of the athletic exercises that were being conducted in the court yard of the school. We do not, however, intimate that there was negligence on the part of the teachers in charge. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5281412. Public record. Not legal advice.