Torts · MBE-tested
Ellen M. Berner, an Infant, by Theophilus H. Berner, Her Guardian ad Litem, Respondent, v. Board of Education, Union Free School District No. 1, North Tonawanda, New York, Appellant
261 A.D. 885·New York Supreme Court, Appellate Division·1941·NY
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Opinion
Ellen M. Berner, an Infant, by Theophilus H. Berner, Her Guardian ad Litem, Respondent, v. Board of Education, Union Free School District No. 1, North Tonawanda, New York, Appellant.
[MAJORITY]
Judgment and order affirmed, with costs. All concur, except Crosby, P. J., and Taylor, J., who dissent and vote for reversal and for dismissal of the complaint on the ground that no actionable negligence of defendant is shown. (The judgment is for plaintiff in an action for damages for personal injuries sustained by plaintiff by reason of having been struck in the face by a ball thrown by a student in the hall of a school. The order denies a motion for a new trial.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.