Whiteford

Oscar Whiteford, a minor, brought this action through his guardian ad litem against the Yuba City Union High School District for damages for personal injuries received by him at the hands of students of said school district, which resulted in the loss of his left eye.

The complaint alleges: “That on the 8th day of November, 1930, in the night time, the principal and members of the Board of Trustees directed the students of the school to hold a rally on the school premises and instructed the students to take upon the school premises rubbish and missiles, including Osage oranges; that the students in the presence of the school authorities were permitted to throw these missiles at passers-by; that plaintiff was riding in an automobile on the public highway and one of the oranges, thrown by the students, struck-the windshield, shattered the glass, and as a result thereof plaintiff’s left eye was injured, and became blind.” The prayer is for damages on account of this injury in the sum of $20,250.

To this complaint the defendant school district interposed a general demurrer. This demurrer was sustained without leave to amend. Judgment of dismissal was thereupon entered. From this…