Sly Ex Rel. Sly v. Board of Education

The opinion of the court was delivered by

Habman, C.:

This is a negligence action by a public school student for damages for personal injuries resulting from an assault by fellow students. Joined as defendants were the board of education and its members and the principal and vice-principal of the junior high school where the incident occurred. Maintenance of a nuisance was also alleged as a ground of recovery against the school board. Summary judgments were rendered for all defendants, from which plaintiff appeals.

In a separate proceeding the trial court first rendered summary judgment for the…