Board of Education v. Bates

Felton, -;Chief Judge.

Neither a member of a high school football team nor his father can maintain an action based on negligence against the school for an injury received by the student while playing on its football team with the father’s express or implied consent. Hale v. Davies, 86 Ga. App. 126, 129 (70 SE2d 923); 86 Ga. App. 130 (70 SE2d 926). The present plaintiff, however, bases his action on an alleged contract by the defendant to defray his son’s medical expenses incurred during his participation in its school’s football game. The contended bases of this alleged contract are (1) the…