# Seitz v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · November 10, 1954 · 284 A.D. 1022

URL: https://www.frixlaw.com/law-library/cases/5399477

## Case

- **Full name:** Herbert Seitz v. Board of Education, Union Free School District No. 1, North Tonawanda, Leroy J. Seitz, an Infant, by Hebert Seitz, His Guardian ad Litem v. Board of Education, Union Free School District No. 1, North Tonawanda
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 10, 1954
- **Citations:** 284 A.D. 1022; 134 N.Y.S.2d 757; 1954 N.Y. App. Div. LEXIS 4394
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 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/5399477

## Opinion text

Judgment and order of Niagara County Court and judgments of the North Tonawanda City Court reversed on the law and facts and a new trial granted in the North Tonawanda City Court, with costs to abide the event. Memorandum: The court charged the jury that this infant was not an invitee. No exception was taken. Thus the charge became the law of the case and it was the jury’s duty to follow the instruction, whether it was correct or not. Whether the infant was an invitee while upon the abutment was a question of fact to be determined by the jury upon proper instructions. The measure of the duty of care required of the defendant was dependent upon the status of the infant as an invitee, licensee or trespasser. Under the circumstances and in the interests of justice, we think there should be a new trial. All concur. (Appeal from a judgment of Niagara County Court, affirming two judgments of North Tonawanda City Court, for plaintiffs in negligence actions.) Present — Vaughan, J. P., Kimball, Piper, Wheeler and Van Duser, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5399477. Public record. Not legal advice.