Bauer v. Board of Education

Plaintiff was a student at the Franklin K. Lane High School in Brooklyn. During a required gymnasium period, the students were required to engage in physical activity of some sort, although the choice of physical activity was that of the particular student. Plaintiff chose to play “ three-man basketball ”. During the course of the game, plaintiff was struck by a player on the opposing team as the latter was trying to block plaintiff’s shot. The proof was to the effect that plaintiff’s opponent was caused to do this as the result of a player on a contiguous court running on to the court where…