Herbert T. Ohman, Appellants v. Board of Education of the City of New York, Respondents

Summary

The New York Court of Appeals affirmed the dismissal of the complaint, holding that the teacher's absence from the classroom was not a proximate cause of the plaintiff's eye injury and that the Board of Education was not liable under Education Law §2510. The majority reasoned that the intervening act of another pupil was unforeseeable and broke the chain of causation. Justice Conway dissented, arguing that the teacher's prolonged absence should be deemed a proximate cause and that the Board should be held liable.