Opinion
December 17, 1951.
In an action to recover damages for personal injuries sustained by the infant plaintiff in a high school gymnasium when he fell from a high bar while performing a required exercise known as a kip swing, and by his father for expenses and loss of services, the complaint was dismissed at the close of plaintiffs' case. Judgment reversed on the law and a new trial granted, with costs to abide the event. In our opinion, the record presented questions of fact as to defendant's negligence and the infant plaintiff's freedom from contributory negligence. (Cf. Bradley v. Board of Educ. of City of Oneonta, 247 App. Div. 833, affd. 274 N.Y. 473, and Burtis v. Board of Educ. of City of New York, 274 App. Div. 802.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.