CAPPEL v. BD. OF EDUC., UNION FREE SCH. DIST. NO. 4, NORTHPORT


40 A.D.2d 848 (1972)

Debra Cappel, an Infant, by Her Father and Natural Guardian, Bernard Cappel, et al., Appellants, v. Board of Education, Union Free School District No. 4, Northport, Respondent

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

November 20, 1972


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

The appeal did not present questions of fact. The infant plaintiff, who was then five years of age, was injured when other children who were attempting to lift a field hockey goal cage, which they had previously tipped over, dropped it. In our opinion, giving plaintiffs the benefit of every favorable inference which can reasonably be drawn from the evidence (see Anderson v. Bee...

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