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KEARNEY v. ROMAN CATHOLIC CHURCH OF ST. PAUL

31 A.D.2d 541 (1968)

John Kearney, an Infant, by His Guardian ad Litem, Patrick Kearney, et al., Appellants, v. Roman Catholic Church of St. Paul, Respondent, et al., Defendants

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

November 12, 1968

Judgment reversed, on the law, and new trial ordered, with costs to abide the event.

No questions of fact were considered. In our opinion, plaintiffs' proof established that defendant church had the duty to use reasonable care to protect the infant plaintiff from injury at the time and place of the accident and to provide adequate supervision for him and the other members of the scout troop at that time and place (see

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