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OHMAN v. BD. OF EDUC. OF CITY OF N. Y.

300 N.Y. 306 (1949)

Herbert T. Ohman et al., Appellants, v. Board of Education of the City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Ralph Stout and Saul Goldstein for appellants.

John P. McGrath, Corporation Counsel (Joseph J. Lucchi and Seymour B. Quel of counsel), for respondents.

LEWIS, DESMOND, FULD and BROMLEY, JJ., concur with DYE, J.; CONWAY, J., dissents in opinion in which LOUGHRAN, Ch. J., concurs.

DYE, J.

In this tort action for damages for personal injuries suffered by the plaintiff, then a pupil in a public school, we are asked to say that the jury could properly find that it was due to the negligence of the teacher in absenting herself from the classroom. The board of education in New York City is now liable for the negligence of a school teacher (Education Law, § 881-a, as it existed in 1938, now...

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