Smith v. Fall River Joint Union High School District

Respondent, through her guardian ad litem, brought this action to recover damages from appellants on account of injuries received in an automobile collision. The jury awarded her the sum of $15,805. The appeal is taken from the judgment entered upon the verdict.

At the time of the collision respondent was a student residing within the boundaries of appellant High School District, and attending the high school therein. She was temporarily staying with another pupil upon the day of the accident, at a place some distance from the school, and where transportation was regularly furnished for students from that section. She had used the school bus several days, under written permission of the high school principal. This bus was owned and operated by defendant Dave Fitzwater, under a written contract with the School District, which obligated said defendant to carry students to and from the school. On December 2, 1929, the bus collided with an automobile driven by defendant Pratt, and respondent suffered the personal injuries for which compensation is sought.

The complaint is based upon the joint negligence of defendants Pratt and Fitzwater, and the School District is sought to be…