TOBIN v. HEWLETT BRANCH ATHLETES, INC.


2 A.D.2d 758 (1956)

Jay Tobin, an Infant, by Charles Tobin, His Guardian ad Litem, et al., Respondents, v. Hewlett Branch Athletes, Inc., Appellant

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

July 2, 1956


Judgment reversed on the law and the facts, without costs, and complaint dismissed.

The infant respondent was one of a group of approximately 20 children, in the age bracket of 6 to 8 years, who were playing a game at appellant's day camp under the supervision of a junior counselor. The game consisted of the counselor tossing a ball at the group, and the children trying to avoid being struck by the ball. The infant respondent jumped into the air to avoid the ball...

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