Opinion

Applebaum v. Board of Education

  • 272 A.D.2d 875
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 17, 1947
Status
Published
Author
Voorhis
On the bench
Voorhis
Cited by
0 cases

The opinion

Van Voorhis, J.

(dissenting and voting to dismiss the complaint). If boards of education are to be subjected to absolute liability in the case of injuries to children sustained in performing classroom chores, it will need to be done by statute rather than by stretching the law of negligence to cover the situation. School boards and districts have not yet become insurers of safety in the fulfillment by a pupil of a mission so apparently harmless in nature as the opening of a window in good repair, even if done by using the ordinary window pole. It seems to. me that the judgment can be affirmed on no other basis.

I vote to reverse and dismiss the complaint.

Cohn, Callahan and Peck, JJ., concur in decision; Van Voorhis, J., dissents in opinion.

Judgment affirmed, with costs. Mo opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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