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HARE EX REL. HARE v. PENNELL

37 N.J. Super. 558 (1955)

117 A.2d 637

ARTHUR F. HARE, A MINOR, BY HIS FATHER AND GUARDIAN AD LITEM, ARTHUR HARE, AND ARTHUR HARE, IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. JEAN PENNELL AND BOARD OF EDUCATION OF THE TOWNSHIP OF PENNSAUKEN, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 28, 1955.

Attorney(s) appearing for the Case

Mr. Horace G. Brown argued the cause for appellants (Messrs. Brown, Connery, Kulp & Wille, attorneys).

Mr. Sidney P. McCord, Jr., argued the cause for respondents (Messrs. Starr, Summerill & Davis, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

The opinion of the court was delivered by GOLDMANN, S.J.A.D.

This action arises from an injury suffered by plaintiff infant on March 24, 1953 in the pre-primer class of the Delair Public School of Pennsauken Township when a classmate struck him in the left eye with a pair of scissors. Defendant Jean Pennell was the teacher in charge of the class. The infant, by his father and guardian ad litem Arthur Hare, and the father in his own right, sued the Board of...

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