Jaked v. Board of Education — 234 N.Y. 591

Majority

p. 591

Rose J. Jaked, an Infant, by George Jaked, Her Guardian ad Litem, Respondent, v. The Board of Education of the City of Albany, Appellant.

Headnote

Negligence — municipal corporations — schools — board of education — liability for injury to child while swinging on iron gate at entrance to school.

Joked v. Board of Education, City of Albany, 198 App. Div. 113 , affirmed.

(Argued October 20, 1922;

decided November 21, 1922.)

Appeal from a judgment entered July 19, 1921, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint and reinstated said verdict. Plaintiff, a child seven years of age, was injured while swinging on an iron gate at the entrance of a school building in the city of Albany. The complaint alleged that the gates in question were permitted to be swung back and forth and attracted children thereon, and that defendant negligently and knowingly permitted the gates to remain without a device to lock them back when open, and negligently and knowingly permitted the children attending the school to swing on the gates, and negligently and knowingly permitted the entrance to be used by the school children while knowing said gates to be in the condition aforesaid. The Appellate Division held that the board of education was responsible for neglect to keep the gates in proper repair and that there was evidence sufficient to sustain the verdict.

Gilbert V. Schenck, Corporation Counsel (Leopold Minkin and John J. McManus of counsel), for appellant.

Thomas H. Lee and Henry J. Crawford for respondent.

p. 592

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.