KIMBAR v. ESTIS


1 A.D.2d 151 (1956)

Paul Kimbar, an Infant, by Harry Kimbar, His Guardian ad Litem, et al., Respondents, v. Isidore Estis et al., Individually and as Copartners Doing Business as Camp Star Crest, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1956.


Attorney(s) appearing for the Case

Alfred V. Norton, Jr., of counsel (Evans, Orr, Walsh, Gourley & Pacelli, attorneys), for appellants.

Simon S. Panush of counsel (Louis Tuchman with him on the brief), for respondents.

BREITEL, J. P., and BERGAN, J., concur with BOTEIN, J.; RABIN, J., dissents and votes to affirm in opinion, in which BASTOW, J., concurs.


BOTEIN, J.

Paul Kimbar, age fourteen, was a camper at a children's camp operated by defendants. At about nine o'clock one August evening, when it was quite dark, he left the recreation hall to go to his bunkhouse. He walked down two or three steps leading from the porch of the recreation hall to a pathway, somehow strayed off the path, collided with a tree and fractured his nose.

It is undisputed that...

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