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SCHUYLER v. BD. OF EDUC.

18 A.D.2d 406 (1963)

Robert Schuyler, an Infant, by Janice Schuyler, His Guardian ad Litem, et al., Respondents, v. Board of Education of Union Free School District No. 7, Presently Known as Central School District No. 1, Towns of Barton, Tioga Co Unty and Chemung, Baldwin and Ashland, Chemung County, Appellant, et al., Defendants

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

May 7, 1963.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell (Charles F. Fish of counsel), for appellant.

Betty D. Friedlander and Alan J. Friedlander for respondents.

BERGAN, P. J., COON, HERLIHY and REYNOLDS, JJ., concur.

TAYLOR, J.

During a luncheon recess the infant plaintiff, a sixth-grade student then aged 12 years and 3 months, was injured while playing on a fence located on premises of the defendant Board of Education. The fence consisted of a single horizontal pipe 2 to 2½ inches in diameter attached 2 feet 2 inches above ground level to interspaced vertical iron bars. It separated a grassed and shrubbed plot contiguous...

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