Hartman

Appellant sued the city of Pomona and the individual members of its board of education for the death of his son, who was killed by the fall, upon his body, of the supporting framework of a “tackling dummy” which he was then using. Respondents’ liability, as alleged, is based upon their negligent erection and maintenance of the “tackling dummy” upon the campus of a junior- high school, which deceased was then attending. Holding that the liability, if any, rested upon the school district, not joined as a party, the court granted motions for a nonsuit, separately made by the city and the members.

Appellant argues that, because the city’s charter (Stats. 1911, p. 1913) authorizes the city to acquire, establish, maintain, own and operate schools, provides for the election of a board of education and invests such board with the entire control and management of the schools in the city, the school in question owed its inception, existence and maintenance to the city and therefore the city is liable for the tortious acts of the board created by. it. The accuracy of these conclusions is dependent upon the correctness of the premises, based upon the charter. Section 6 of the charter (page…