The opinion
James Lockhart, Appellant, v. Board of Education of Union Free School District No. 13 of the Towns of Perinton and Pittsford, Monroe County, et al., Respondents. Lillian Lockhart, an Infant, by James Lockhart, Her Guardian ad Litem, Appellant, v. Board of Education of Union Free School District No. 13 of the Towns of Perinton and Pittsford, Monroe County, et al., Respondents.
(Argued October 19, 1926;
decided November 16, 1926.)
Negligence — schools — injury to child in school room from defect in furniture — complaint dismissed for lack of evidence that reasonable inspection would have disclosed defect.
Lockhart v. Bd. of Ed. of Union Free School District (2 cases), 214 App. Div. 753, affirmed.
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 25, 1925, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The first action was to recover for loss of services and expense and the second for personal injuries received by the infant plaintiff in a school room of the East Rochester High School. As she attempted to sit down on a stool provided for that purpose the head flew off and she received the injuries complained of. The trial court granted a motion for a nonsuit on the ground that there was no evidence on which to base a finding that a reasonable inspection would have disclosed that the stool was out of repair.
Judgment in each case affirmed, with costs;
William MacFarlane for appellants.
George Y. Webster for respondents.
no opinion.
Concur; His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.