HAUSER v. SOUTH ORANGETOWN CENT. SCH. DIST. NO. 1


50 A.D.2d 854 (1975)

Louis E. Hauser, an Infant, by His Father and Natural Guardian, Joseph T. Hauser, et al., Appellants, v. South Orangetown Central School District No. 1 et al., Respondents

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

December 22, 1975


Judgment affirmed, with costs.

We hold that the charge to the jury was adequate. Had the trial court charged as requested by plaintiffs, it would have been tantamount to a directed verdict for them and, upon the evidence, such a charge would have been erroneous.

Martuscello, J., dissents and votes to reverse and grant a new trial, with the following memorandum:

The 12-year-old infant plaintiff, Louis E. Hauser, who was somewhat overweight...

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