SMITH, J., delivered the opinion of the Court.
In the unfortunate incident causing this case to arise John P. Madden, a seventh grader then 12 years of age, lost the sight of his right eye in a tussle at school during the absence of a teacher from the classroom. For procedural reasons we shall be obliged to dismiss the appeal. Pursuant to Maryland Rule 885, however, to avoid a further appeal to this Court, we shall indicate our views relative to liability.
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