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


16 A.D.2d 707 (1962)

Harold Wilhelm, Jr., an Infant, by His Guardian ad Litem, Harold Wilhelm, Sr., et al., Respondents, v. Board of Education of the City of New York, Appellant, et al., Defendant

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

April 30, 1962


Judgment, insofar as appealed from, reversed on the law, without costs, and complaint dismissed.

We have considered all the facts and if we did not reverse on the law and dismiss the complaint we would have affirmed the findings of fact implicit in the jury's verdict. As the infant plaintiff was mixing and grinding chemicals they flared up, causing him to be seriously injured. He was then 13 years of age. He and a classmate were in a laboratory, with the door closed...

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