Clayton v. Freehold Township Board of Education

The opinion of the court was delivered by

Lora, J. A. D.

Plaintiffs sued the Freehold Township Board of Education, William McCrowhan, a gym teacher, and Claudio Lopez, a fellow student of infant plaintiff Scott T. Clayton, to recover damages for injuries sustained when a baseball bat slipped out of Lopez’ hands during a softball game and struck Clayton who was seated on a players’ bench along the third base line.

They appeal from a judgment of no cause for action, entered following a jury verdict, and a denial of a motion for a new trial.

On appeal plaintiffs contend: (1) the trial judge erred in…