Tinkham Ex Rel. Tinkham v. Kole

This is a law action in two counts by Michael Tinkham, a minor, through his father-next friend, to recover for personal injury resulting from corporal punishment by defendant, Marius L. Kole, a schoolteacher. For convenience we refer to the boy as plaintiff. Plaintiff’s first count alleges negligence, the second assault and battery. At the- close of plaintiff’s evidence, the trial court directed a verdict for defendant on each count. Plaintiff’s appeal from the judgment thereon assigns, error in the ruling as to each count. ' ’

The vital question presented is whether reasonable minds might…