# Clark v. Board of Education

> New York Court of Appeals · November 25, 1952 · 304 N.Y. 488

URL: https://www.frixlaw.com/law-library/cases/5482219

## Case

- **Full name:** Kenneth Clark, an Infant, by Albert Clark, His Guardian ad Litem v. Board of Education of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** November 25, 1952
- **Citations:** 304 N.Y. 488
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 17 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/5482219

## Opinion text

Per Curiam.
The trial court submitted this case to the jury on two theories of negligence: (1) lack of supervision, and (2) lack of adequate instruction. Although the court was correct in its final conclusion that the case should not have been submitted to the jury on the first ground, it erred in dismissing the complaint, since there was evidence to support the verdict *490 on the second ground (see Gardner v. State of New York, 281 N. Y. 212 ). Accordingly, the judgment may not stand. Inasmuch as we cannot know on which ground the jury arrived at its verdict, there must be a new trial (Phillipson v. Ninno, 233 N. Y. 223, 225-226 ; Elenkrieg v. Siebrecht, 238 N. Y. 254, 263 ).
The judgments should therefore be reversed and a new trial granted, with costs to abide the event.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.
Judgments reversed, etc.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5482219. Public record. Not legal advice.