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SIMMS v. SCHOOL DISTRICT NO. 1, MULTNOMAH CTY.

508 P.2d 236 (1973)

Richard David SIMMS, by His Guardian Ad Litem, Lillie Walker, Appellant, v. SCHOOL DISTRICT NO. 1, MULTNOMAH County, Oregon, a Municipal Corporation of the State of Oregon, and Marvin Weitz, Respondents.

Court of Appeals of Oregon.

Decided March 26, 1973.

Attorney(s) appearing for the Case

Keith Burns, Portland, argued the cause for appellant. With him on the briefs was Jane Edwards, Portland.

Edward H. Warren, Portland, argued the cause for respondent School District No. 1. David C. Landis, Portland, argued the cause for respondent Weitz. With them on the brief were Gearin, Landis & Aebi and Hershiser, Mitchell & Warren, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

FORT, Judge.

The plaintiff, Richard Simms, a 14-year-old student at Sabin School in Portland, brought action for assault and battery against the District and one of its teachers, Marvin Weitz, alleging that he was wantonly shoved into a door and glass window therein by defendant Weitz. As a result he alleged the window broke, resulting in injuries to his arm. The defendants denied the allegations and by answer affirmatively alleged that the injury occurred while plaintiff...

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