Majority
p. 647Joseph Rapisardi, an Infant, over the Age of Fourteen Years, by Salvatore Rapisardi, His Guardian ad Litem, and Salvatore Rapisardi, Individually, Appellants, v. The Board of Education of the City of New York, Respondent.
Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion the plaintiff made out a prima facie case. Whether the board of education failed to use reasonable care in permitting the bat in question to be used under the circumstances shown, is a question for the jury. Lazansky, P. J,, Young, Tompkins and Davis, JJ., concur; Kapper, J., dissents.
p. 648
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