SEDA v. BD. OF EDUC. OF THE CITY OF NEW YORK


2 A.D.2d 666 (1956)

John Seda, an Infant, by His Guardian ad Litem, Angel Seda, et al., Respondents, v. Board of Education of the City of New York, Appellant

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

June 12, 1956


Judgment appealed from is perforce based on a finding that the infant plaintiff fell while jumping for the horizontal bar. The evidence in this case however impels us to find that he fell not while jumping for the bar but while he was in the act of swinging on it. In these circumstances no liability may be imposed upon the defendant (Miller v. Board of Educ., 249 App. Div. 738).

Judgment unanimously reversed, without costs, and judgment is directed to be entered...

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