Federer Ex Rel. Federer v. Davis

BLACKBIRD, Justice.

This appeal involves an action for damages commenced by plaintiff in error, as plaintiff, against defendant in error, as defendant, to recover damages on account of defendant’s injuring plaintiff by pushing her head down on the spigot of a drinking fountain, while plaintiff was drinking from the fountain in one of the corridors of Eli Whitney Junior High School in Tulsa, where the two girls were classmates.

Said plaintiff’s petition alleged, among other things, that defendant thereby committed an assault and battery and that the allegedly wrongful act occurred during the…