Torts · MBE-tested
Elwood R. Miller, Appellant, v. The Board of Education, Union Free School, District No. 1, Albion, N. Y., et al., Respondents
265 A.D. 905·New York Supreme Court, Appellate Division·1942·NY
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Opinion
Elwood R. Miller, Appellant, v. The Board of Education, Union Free School, District No. 1, Albion, N. Y., et al., Respondents.
[MAJORITY]
[See preceding decision.] All concur, except MeCurn, J., who dissents and votes for reversal and for reinstatement of the verdict and judgment thereon. (The judgments are for defendant Board of Education and defendant Pratt for no cause of action, in a negligence action. The order denies plaintiff’s motion for direction of a verdict and to set aside the special finding in favor of defendant Pratt, and grants defendants’ motion for a general verdict.) Present — Crosby, P. J., Cunningham, Dowling, Harris and MeCurn, JJ.