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TINKHAM v. KOLE

No. 50268.

110 N.W.2d 258 (1961)

Michael TINKHAM, a Minor, by Donald Tinkham, his Next Friend and Father, Appellant, v. Marius L. KOLE, Appellee.

Supreme Court of Iowa.

August 15, 1961.

Attorney(s) appearing for the Case

Hansen, Wheatcraft & Galvin, Des Moines, for appellant.

Smedal & Maurer, Ames, for appellee.

GARFIELD, Chief Justice.

This is a law action in two counts by Michael Tinkham, a minor, through his father-next friend, to recover for personal injury resulting from corporal punishment by defendant Marius L. Kole, a school teacher. For convenience we refer to the boy as plaintiff. Plaintiff's first count alleges negligence, the second assault and battery. At the close of plaintiff's evidence, the trial court directed a verdict for defendant

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