Torts · MBE-tested

Glenn D. Brake, Sr., Individually and as Administrator of the Estate of Glenn D. Brake, Jr., Deceased, Appellant, v. President and Members of the Board of Education of Victor Central School District No. 1 et al., Respondents

4 A.D.2d 928·New York Supreme Court, Appellate Division·1957·NY

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Opinion

Glenn D. Brake, Sr., Individually and as Administrator of the Estate of Glenn D. Brake, Jr., Deceased, Appellant, v. President and Members of the Board of Education of Victor Central School District No. 1 et al., Respondents. [MAJORITY] Order affirmed, without costs of this appeal to either party. All concur. (Appeal from an order of Ontario Trial Term in a school bus negligence action dismissing plaintiff’s cause of action for conscious pain and suffering, on motion by defendants, decision of which had been reserved.) Present — Vaughan, J. P., Kimball, Williams, Bastow and Goldman, JJ.