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Elizabeth B. Gardner, an Infant, by Charles H. Gardner, Her Guardian Ad Litem, Respondent, v. State of New York, Appellant; Charles H. Gardner, Respondent, v. State of New York, Appellant
Opinions in this case
- Majority — Per curiam
- Dissent — Rippey
*214 Per Curiam.
The Appellate Division found that failure to instruct the infant claimant pursuant to the customary method was the proximate cause of her injuries. We think this finding is in accord with the weight of the evidence. The question whether the head stand exercise was inherently dangerous to young children, even when properly instructed, is not presented by the record.
In each action the judgment should be affirmed, with costs.