Weldy v. Oakland High School District

NOURSE, P. J.

Plaintiff sued for injuries incurred while a spectator at a football game. A demurrer to her second amended complaint was sustained without leave to amend. She appeals from the judgment following that order.

The complaint alleges that a football game was held in the California Memorial Stadium at Berkeley under the direction, supervision and management of the school district; that the plaintiff and numerous other students of the school district attended the game as paying spectators; that the district undertook to have teachers employed by it attend the game to supervise the students during the game; that certain students seated behind and above plaintiff engaged in a course of rowdyism and dangerous conduct consisting of throwing objects upon those seated below; “that said school district negligently and carelessly failed to take any steps whatsoever to prevent this dangerous course of conduct and failed to do anything to prevent its continuance”; that one of said students so engaged in such conduct tossed a heavy glass bottle, which struck the plaintiff, causing the injuries complained of. Since we are satisfied that this complaint does not state a cause of action against the school district, we will not discuss any of the other points raised.

[431]

The liability of a school district for injuries to its students rests upon section 2.801 of the School Code (Stats. 1931, p. 2487), which permits recovery only when the injuries arise from “the negligence of the district or its officers or employees”. The statute does not create a liability upon the district for injuries arising from the unlawful or wilful misconduct of its students

(Whiteford

v.

Yuba City Union H. S. Dist.,

117 Cal. App. 462, 464 [4 Pac. (2d) 266]), nor for injuries arising from the negligence of a fellow, student

(Hack

v.

Sacramento City Junior College Dist.,

131 Cal. App. 444, 448 [21 Pac. (2d) 477] ;