Bennett v. Board of Educ. of City of New York
| Decision Date | 30 December 1963 |
| Citation | 13 N.Y.2d 1104,246 N.Y.S.2d 634 |
| Parties | , 196 N.E.2d 268 John BENNETT, Jr., an infant by John Bennett, Sr., his Guardian an Litem, Appellant, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 16 A.D.2d 651, 226 N.Y.S.2d 593.
An infant, by his guardian ad litem, brought action against the Board of Education of the City of New York for injuries sustained by the infant when he was struck by a stick that slipped out of hands of batter during a stickball game in public school yard after school hours while the infant was in the school yard watching the game.
The Supreme Court, Trial Term, Kings County, Thomas E. Morrissey, Jr., J., entered a judgment in favor of the infant, and the Board of Education appealed.
The Appellate Division reversed the judgment on the law, dismissed the complaint, and held that there was no warrant for submitting the case to the jury, and that in after-school-hour playground no duty could be imposed on the Board of Education to provide supervision over the playground users, and that the Board of Education could not be cast in damages for injuries caused by the act of an intervening third party such as the batter, and that the risks of the game were patent and were assumed by the infant as a spectator.
The infant appealed to the Court of Appeals.
S. George Pascale, New York City (Benjamin H. Siff and Henry L. Finkelstein, New York City, on the brief), for plaintiff-appellant.
Leo A. Larkin, New York City (Seymour B. Quel and John A. Murray, New York City, of counsel), for respondent.
Judgment affirmed, without costs.
All concur.
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