Drake v. Thomas

Mr. Presiding Justice- Hebel

delivered the opinion of the court.

This is an appeal from a judgment for $250 entered in a tort action for assault and battery brought by a public school pupil, Bichard Drake, a boy 15 years of age, of the Moseley Correctional School, a school for truants, delinquents and incorrigibles, against a teacher of that school. The case was tried before the court without a jury and a judgment entered April 4, 1940, upon the court’s finding that defendant, plaintiff’s school teacher, was guilty as charged in the statement of claim. Defendant’s motions for a new trial and in…