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FERRILL v. BD. OF EDUC. OF CENT. SCH. DIST. NO. 1

6 A.D.2d 690 (1958)

Jay H. Ferrill, Jr., an Infant by Minnie F. Ferrill, His Guardian ad Litem, Respondent, v. Board of Education of Central School District No. 1, of the Towns of Monroe, Woodbury, Blooming Grove, Chester and Tuxedo, Appellant, et al., Defendant

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

May 5, 1958

Judgment insofar as appealed from reversed, without costs, and a new trial granted.

It was error for the trial court to refuse to charge that it is not evidence of negligence for appellant to have failed to provide one or more additional slides for use at the playground. Appellant owed no duty to the infant to provide additional slides. Appellant's duty was to provide adequate supervision of activities within the school, and...

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