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TOWNSEND v. BENAVENTE

No. 19229.

339 F.2d 421 (1964)

Rita D. TOWNSEND, a minor, by her father Willie Townsend, Jr., her natural guardian and next best friend, Appellant, v. June BENAVENTE, Commercial Insurance Co. of Newark, New Jersey, A. W. Baumgartner, OFM, Cap. D.D., Bishop of Guam, a corporation sole, Appellees.

United States Court of Appeals Ninth Circuit.

December 16, 1964.

Attorney(s) appearing for the Case

Finton J. Phelan, Jr., Agana, Guam, Alfred C. Cavagnaro, San Francisco, Cal., for appellant.

E. R. Crain, Agana, Guam, for appellees.

Before JERTBERG, KOELSCH and DUNIWAY, Circuit Judges.

KOELSCH, Circuit Judge.

The 8th day of May, 1962, was marred by a tragic accident at Santa Barbara School on the Island of Guam. As the students were lining up for return to class, after the noon recess, thirteen year old Rita Townsend was struck in the eye by a betel nut1 thrown by eighth-grader June Benavente. June had aimed the nut at Jimmie Blas, as retribution for teasing her, but it went wide of the mark and struck Rita as she came...

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