# Herzberg v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · March 15, 1935 · 243 A.D. 808

URL: https://www.frixlaw.com/law-library/cases/5339115

## Case

- **Full name:** Frank Herzberg, an Infant under the Age of Fourteen Tears, by Helen Herzberg, His Guardian ad Litem, and Charles Herzberg 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:** March 15, 1935
- **Citations:** 243 A.D. 808
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5339115

## Opinion text

In an action to recover compensation for personal injuries and for loss of the infant’s services due to the falling over and upon the infant of a play-slide installed in a public school, judgment dismissing the complaint at the end of the case reversed upon the law and a new trial granted, with costs to appellants to abide the event. The plaintiff made out a prima facie case. It was for the jury to determine whether, in the circumstances disclosed, the defendant exercised reasonable care in permitting the play-slide to be used in an unsecured condition, resulting in its toppling over upon the infant plaintiff. Young, Scudder and Johnston, JJ., concur; Lazansky, P. J., concurs on the ground stated and upon the further ground that there was testimony that showed that the slide was in need of repair, as a result of which the accident may have been caused; Carswell, J., dissents and votes to affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5339115. Public record. Not legal advice.