Appellate Division of the Supreme Court of New York, 1937

Howell v. Union Free School District No. 1

Howell v. Union Free School District No. 1
Appellate Division of the Supreme Court of New York · Decided March 17, 1937
250 A.D. 810; 294 N.Y.S. 333; 1937 N.Y. App. Div. LEXIS 9080
Howell v. Union Free School District No. 1

Opinion of the Court

Plaintiff, six years of age, a pupil, was injured upon a metal slide on defendants’ playground. The slide was kept for the amusement of the pupils. The evidence sustains finding that one of the supports of the slide was so loosened from the handrail that an opening existed, and that when plaintiff used the slide her hand was caught, and part of her finger severed; also that defendants had notice of the defect. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, MeNamee, Bliss and Heffernan, JJ.

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