(Download) "Debra Cappel v. Board Education" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Debra Cappel v. Board Education
- Author : Supreme Court of New York
- Release Date : January 20, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The appeal did not present questions of fact. The infant plaintiff, who was then five years of age, was injured when other children who were attempting to lift a field hockey goal cage, which they had previously tipped over, dropped it. In our opinion, giving plaintiffs the benefit of every favorable inference which can reasonably be drawn from the evidence (see Anderson v. Bee Line, 1 N.Y.2d 169), a case sufficient for presentation to the jury was made out. The cage, which was constructed of heavy galvanized steel pipe, was about 7 feet tall and 12 feet wide and was located in the middle of the playing fields of a junior high school. Neighborhood children were welcome to play on the fields when school was not in session. The cage was not affixed to the ground and was easily tipped over. Defendant owed a duty to keep the land in a reasonably safe condition (Caldwell v. Village of Is. Park, 304 N. Y. 268; Collentine v. City of New York, 279 N. Y. 119; Jacques v. Village of Lake Placid, 39 A.D.2d 163). This duty includes consideration of the known propensities of children to climb about and play (Collentine v. City of New York, supra; Hetzel v. Buffalo Cemetery Assn., 16 A.D.2d 581). The field hockey cage, in appearance, resembles a parallel bar or monkey bar. This heavy cage could easily be tipped over, but was not anchored to the ground or otherwise secured, despite the fact that children could reasonably be expected to climb on it and play about it. The case of Goldstein v. Board of Educ. of Union Free School [40 A.D.2d 848 Page 849]