Underhill v. Alameda Elementary School District

SPENCE, J.

This action was brought by plaintiff, a pupil in an elementary school, seeking to recover damages from the defendant school district for injuries received in a baseball game played in the school yard. Defendants’ demurrer to plaintiff’s second amended complaint was sustained without leave to amend and from the judgment entered in favor of defendants, plaintiff appeals.

Plaintiff attempted to state a cause of action under section 2.801 of the School Code imposing liability “on account of injury to any pupil arising because of the negligence of the district or its officers or employees”. This section was formerly section 1623 of the Political Code and its provisions have been frequently considered.

(Ahern

v.

Livermore Union High School Dist.,

208 Cal. 770 [284 Pac. 1105];

Damgaard

v.

Oakland High School Dist.,

212 Cal. 316 [298 Pac. 983];

Maede

v.

Oakland High School Dist.,

212 Cal. 419 [298 Pac. 987] ;

Henry

v.

Garden Grove Union High School Dist.,

119 Cal. App. 638 [7 Pac. (2d) 192];

Ellis

v.

Burns Valley School Dist,

128 Cal. App. 550 [18 Pac. (2d) 79].) There is but one of the authorities mentioned in which the injuries were incurred by the pupil while at play and in that case a judgment in favor of the district was affirmed on appeal.

(Ellis

v.

Burns Valley School Dist., supra.)

There is no doubt, however, that the section is broad enough in its terms to cover injuries received by a pupil while playing in the school yard provided such injuries arise “because of the negligence of the district or its officers or employees”.