McLeod v. Grant County School District No. 128

This action was brought on behalf of a twelve-year-old school girl, to recover damages in the sum of twenty-five thousand dollars from defendant school district, resulting from plaintiff’s forcible rape by fellow students during a noon recess in the school gymnasium.

The trial court sustained demurrers to the complaint and amended complaint. Plaintiff declined to plead further, and judgment was accordingly entered for defendant. Plaintiff appeals. The only question before us is whether the amended complaint states a cause of action.

The facts alleged in the amended complaint, and admitted for…