New York Court of Appeals

Frederick Herman, by William Herman, His Guardian Ad Litem, Respondent v. Board of Education of Union School…

October 24, 1922234 N.Y. 196

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the Board of Education is not immune from liability as a governmental agency for its own negligence in purchasing, installing, and permitting use of a dangerous buzz saw. The court also rejected the application of respondeat superior, stating the board is liable only for its own corporate negligence, not for the torts of its agents.