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Sindle v. New York City Transit Authority

New York Court of Appeals

307 N.E.2d 245 (1973)

Relevant factsFree

After rowdy students damaged his school bus, driver Mooney (defendant) announced he was taking all 65-70 students to the police station and bypassed regular stops; some students jumped from the moving bus's rear window, and Sindle (plaintiff), attempting to jump out as well, fell and was run over by the rear wheels. The trial court denied Mooney's motion to amend his answer to plead justification and excluded related evidence, entering judgment for Sindle on false imprisonment.

IssueFree

Whether a person entrusted with the care and supervision of a child is justified in using a reasonably necessary amount of force to maintain discipline or promote the welfare of the child.

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