Appellate Division of the Supreme Court of New York, 1925

Katterschinsky v. Board of Education

Katterschinsky v. Board of Education
Appellate Division of the Supreme Court of New York · Decided October 15, 1925
215 A.D. 695
Katterschinsky v. Board of Education

Opinion of the Court

Judgment unanimously affirmed, with costs. The doctrine of respondeat superior does not apply to the board of education in the discharge of its governmental functions. (Herman v. Board of Education, 234 N. Y. 196; Johnson v. Board of Education, 210 App. Div. 723.) The charge here is not that the board of education, as such, was negligent, but that the negligent act was that of the teachers in charge of the athletic exercises that were being conducted in the court yard of the school. We do not, however, intimate that there was negligence on the part of the teachers in charge. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.