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BERGMAN v. BOARD OF EDUCATION

Gen. No. 48,141.

30 Ill. App.2d 65 (1961)

173 N.E.2d 535

John Martin Bergman, a Minor, by Shirley Bergman, His Mother and Next Friend, Plaintiff-Appellant, v. Board of Education of the City of Chicago, a Body Politic and Corporate, and the City of Chicago, a Municipal Corporation, and Audubon Grammar School, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

March 22, 1961.

Attorney(s) appearing for the Case

Harold I. Levine, of Chicago (Carl B. Aplon, Arnold Alexander and Lewis Bennet, of counsel) for appellant.

Frank R. Schneberger, of Chicago (Frank S. Righeimer, James W. Coffey, John T. Mehigan and Richard E. Girard, of counsel) for appellees.

MR. PRESIDING JUSTICE SCHWARTZ delivered the opinion of the court.

This is an action in tort against the Board of Education of the City of Chicago for personal injuries sustained by plaintiff while a student at the Audubon Grammar School. The trial court sustained a motion to strike and dismissed the suit. The sole question is whether defendant, a school district, is immune from liability in this case.

The accident occurred on May 28, 1959, six days after...

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