CHERRY v. STATE


42 A.D.2d 671 (1973)

Stanley Cherry, an Infant, by Dolly Cherry, His Mother, et al., Respondents, v. State of New York, Appellant. (Claim No. 53453.)

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

June 1, 1973


Judgment reversed on the law and facts, without costs, and claim dismissed.

Memorandum:

The claimant, Stanley Cherry, a 15-year old boy, was injured while working with five other boys to build a tent platform at the Annsville Youth Camp. While striking a nail with his hammer, it flew out of the wood and struck him. Stanley had hammered nails before he came to the camp and he had been helping to build the tent platform all week. Before starting the work earlier...

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