New York Court of Appeals

Carrie A. Bassett, Respondent v. William A. Fish, Appellants

November 26, 187875 N.Y. 303

Summary

The Court reversed the judgment for the plaintiff and ordered a new trial, holding that the plaintiff was not contributorily negligent and that the trustees of the union‑free school district were not individually liable for the unsafe condition. The complaint could not be amended to substitute the corporate school district, and no liability could be found against the contractor without further factual findings.