Bergman v. Board of Education

MR. PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

This is an action in tort against the Board of Education of the City of Chicago for personal injuries sustained by plaintiff while a student at the Audubon Grammar School. The trial court sustained a motion to strike and dismissed the suit. The sole question is whether defendant, a school district, is immune from liability in this case.

The accident occurred on May 28, 1959, six days after the Supreme court of this state had rendered its opinion in Molitor v. Kaneland Community Dist. No. 302, 18 Ill.2d 11, 163 N.E.2d 89, holding…