Hyperlawhypertext legal databasebeta Munson v. Board of Education of Central School District No. 1 13 N.Y.2d 854

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Munson v. Board of Education of Central School District No. 1

13 N.Y.2d 854 Court N.Y. Decision date 1963-07-10 English

Contents

Majority

p. 854
Harry Munson, Jr., an Infant, by Harry Munson, Sr., His Guardian ad Litem, Appellant, v. Board of Education of Central School District No. 1 of the Towns of Westport, Essex, Moriah, Elizabethtown and Lewis, et al., Respondents.
Argued April 29, 1963;
decided July 10, 1963.
p. 855
John B. Davison, Harlan G. Carson and Bose M. FredericJcson for appellant.
F. Walter Bliss for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi. Chief Judge Desmond dissents and votes to reverse upon the ground that plaintiff made out a cause of action consisting of the proof that the person assigned to supervise this play area failed in her duty, and that the question as to whether the accident was caused by the intervening conduct of a fellow student was one for the jury.