# Scott v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · June 21, 1962 · 16 A.D.2d 1009

URL: https://www.frixlaw.com/law-library/cases/5740518

## Case

- **Full name:** Peter B. Scott v. Board of Education of the De Ruyter Central Rural School, and Richard Berish
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 21, 1962
- **Citations:** 16 A.D.2d 1009; 1962 N.Y. App. Div. LEXIS 9092
- **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/5740518

## Opinion text

The record would sustain a verdict either for assault or negligence, and there is no contention that either is against the weight of evidence; but the record does not sustain a verdict found on both negligence and assault and is thus inconsistent. Judgment reversed on the law and the facts, with costs to plaintiffs, and a new trial ordered unless within 10 days from notice of entry of the order herein, plaintiffs stipulate to a modification to base the judgment either on assault or negligence, in which event the judgment as thus modified is affirmed. Bergan, P. J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5740518. Public record. Not legal advice.