Hamburger v. Cornell University

Headnote

Hamburger v. Cornell University, 184 App. Div. 403 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 27, 1918, Avhich reversed an order of Special Term sustaining a demurrer to the complaint and directing a dismissal thereof. The action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that plaintiff Avas a pupil in the defendant university and Avhile performing an experiment in chemistry required as a part of her course under the direction of defendant’s instructors and Avith chemicals obtained from defendant’s employee, an explosion occurred causing the injuries complained of. The Special Term sustained the -demurrer on the ground that defendant was administering a government activity or function and was, therefore, absolved from liability for the negligence of its servants and agents.

The following question Avas certified: “ Does the. com

plaint state facts sufficient to constitute a cause of action? ”