SHAW v. VILL. OF HEMPSTEAD


20 A.D.2d 663 (1964)

Thomas Shaw, an Infant, by Anna Shaw, His Guardian ad Litem, et al., Appellants, v. Village of Hempstead et al., Defendants, and Board of Education of Union Free School District No. 12 in Malverne, Respondent

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

January 20, 1964


Judgment, insofar as appealed from, reversed, on the law, without costs; and, as to the said defendant Board of Education, action severed and a new trial granted. No questions of fact were considered.

The learned Trial Justice instructed the jury that negligence on the part of any teacher who failed to discharge the duty of adequate supervision with respect to the infant plaintiff could not be imputed to defendant. Since this court decides an appeal upon the law as...

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