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

304 N.Y. 488 (1952)

Kenneth Clark, an Infant, by Albert Clark, His Guardian ad Litem, et al., Appellants, v. Board of Education of the City of New York, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 25, 1952

Attorney(s) appearing for the Case

Benjamin Kopf for appellants.

Denis M. Hurley, Corporation Counsel (Seymour B. Quel and Edward J. McLaughlin of counsel), for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

The trial court submitted this case to the jury on two theories of negligence: (1) lack of supervision, and (2) lack of adequate instruction. Although the court was correct in its final conclusion that the case should not have been submitted to the jury on the first ground, it erred in dismissing the complaint, since there was evidence to support the verdict on...

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