Underhill v. Alameda Elementary School District

This action was brought by plaintiff, a pupil in an elementary school, seeking to recover damages from the defendant school district for injuries received in a baseball game played in the school yard. Defendants’ demurrer to plaintiff’s second amended complaint was sustained without leave to amend and from the judgment entered in favor of defendants, plaintiff appeals.

Plaintiff attempted to state a cause of action under section 2.801 of the School Code imposing liability “on account of injury to any pupil arising because of the negligence of the district or its officers or employees”. This…