AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

KENNETH CLARK, an Infant, by ALBERT CLARK, His Guardian ad Litem, et al., Appellants, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, Respondent, et al., Defendants.

Per Curiam.

The trial court submitted this case to the jury on two theories of negligence: (1) lack of supervision, and (2) lack of adequate instruction. Although the court was correct in its final conclusion that the case should not have been submitted to the jury on the first ground, it erred in dismissing the complaint, since there was evidence to support the verdict on the second ground (see Gardner v. State of New York, 281 N.Y. 212). Accordingly, the judgment may not stand. Inasmuch as we cannot know on which ground the jury arrived at its verdict, there must be a new trial ( Phillipson v. Ninno, 233 N.Y. 223, 225-226; Elenkrieg v. Siebrecht, 238 N.Y. 254, 263).

The judgments should therefore be reversed and a new trial granted, with costs to abide the event.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Judgments reversed, etc.

Use AI to get other relevant cases.

Comments

CLARK v. BOARD OF EDUC. OF CITY OF N.Y
(Nov 25, 1952)