100
C
ASE: 13
You Be the Judge!
You Be the Judge!
Sources
The case brie ng above contains excerpts and direct extractions from the sources noted
below that have been combined with the author's own expert legal input. The case has
been condensed and formatted from its original content for purposes of this workbook.
Nicholson v. Board of Educ. of the City of New York, 36 N.Y.2d 798, 369 N.Y.S.2d 703 (1975).
New York Court of Appeals
April 7, 1975. Opinion written per curiam by the Honorable Justices Charles D. Breitel,
Matthew J. Jasen, Domenick Gabrielli, Jones, Solomon Wachtler and Lawrence Cooke.
from his injuries and argued that the Defendant was negligent in al-
lowing the children on school grounds where it knew or should have
known that the kids were lighting reworks.
e Defendant argued that because the accident took place in
a school yard, rather than a public park, there was no duty to the
Plainti except to prevent an intentional wrongful act. It also argued
that its duty was limited to maintaining the yard in physically good
condition.
For Evaluation Purposes Only