Hack

In an action to recover damages for personal injuries, the trial court made findings in favor of the plaintiffs and from the judgment entered thereon the defendant district has appealed.

On the trial of the action considerable evidence was introduced without objection, which was outside of the issues made by the pleadings. In other words, the parties treated those subjects as being within the issues. In making findings, the trial court found on the issues made at the trial as well as those made by the pleadings. Such findings show the following facts:

Wilma L. Hack is a girl seventeen years of age and Lois R. Hack is her mother. On October 13, 1931, Lois R. Hack was appointed guardian ad litem of her daughter and commenced this action. The defendant is a duly organized school district located in the city of Sacramento. On September 4, 1931, Wilma Hack was a student duly enrolled in the school maintained by the defendant district. At about 4 P. M. on that date she was attending her class in the art building. The class was working on the subject of stage craft. In another room there were a number of “flats”, one of which was wanted in the classroom. The “flats” were parts of…