Legal Opinion

Kerby v. Elk Grove Union High School District

California Court of Appeal

Decided October 5, 1934No. Civ. 4958PublishedCited by 11 opinions

1Opinion of the CourtThompson, J.

The plaintiff has appealed from a judgment which was rendered in favor of the defendants pursuant to the provisions of section 629 of the Code of Civil Procedure after a verdict for plaintiff had been returned by a jury in a suit for damages for the alleged negligence of the instructor of physical education, as agent of the school district, resulting in the death of plaintiff’s son while he was participating in a basketball game.

Howard Kerby, the son of plaintiff, was regularly enrolled as a pupil in the Elk Grove Union High School. He was sixteen years of age and in apparent perfect physical…

2Cases cited7 opinions

  1. Perera v. Panama-Pacific International Exp. Co.California Supreme Court · 1918
  2. Knock v. Industrial Accident CommissionCalifornia Supreme Court · 1927
  3. Estate of CaldwellCalifornia Supreme Court · 1932
  4. Estate of FlemingCalifornia Supreme Court · 1926
  5. Hirsch v. D'AutremontCalifornia Court of Appeal · 1933

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3Cited by11 opinions

  1. Deevy v. TassiCalifornia Supreme Court · 1942
  2. Bellman v. San Francisco High School DistrictCalifornia Supreme Court · 1938
  3. Pirkle v. Oakdale Union Grammar School DistrictCalifornia Supreme Court · 1953
  4. Smith Ex Rel. Smith v. Archbishop of St. Louis Ex Rel. Archdiocese of St. LouisMissouri Court of Appeals · 1982
  5. Buzzard v. East Lake School DistrictCalifornia Court of Appeal · 1939

6 more not listed; retrieve them via the Exa API.

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