DECKER v. DUNDEE CENT. SCH. DIST.


4 N.Y.2d 462 (1958)

Clifford Decker, Individually and as Guardian ad Litem of Lorraine Decker, an Infant, Respondent, v. Dundee Central School District, Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

Paul Reed Taylor for appellant.

Albert J. Rubin for respondent.

Chief Judge CONWAY and Judges DESMOND and FULD concur with Judge FROESSEL; Judge BURKE dissents in an opinion in which Judges DYE and VAN VOORHIS concur.


FROESSEL, J.

After eating luncheon in the school cafeteria, the 10-year-old infant plaintiff was excused by her teacher to "go out and play". She and her companions went to the bleacher stand in the playground area on the school grounds, where a number of informal baseball games were in progress. The bleachers were located about 1,000 feet from the school building, and consisted of six tiers, five feet high. Plaintiff...

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