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Keywords

defendantdamagestrialverdictmotionappellantappellee
trialverdictmotionappellantappelleemotion for new trial

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Suits v. Glover, 260 Ala. 449, 71 So.2d 49, 43 A.L.R.2d 465

Facts

The appellant, a schoolboy, claimed damages against the appellee, a former schoolteacher, for assault and battery in three counts of the complaint. The incident involved corporal punishment administered by the teacher, which was disputed regarding the instrument used. The appellant's evidence suggested he was whipped with a slat, while the teacher claimed a ping-pong paddle was used. The appellant did not suffer permanent injury and remained in school after the incident, which occurred on February 22nd.

There was no conflict but that certain punishment was administered to the appellant, a school pupil, by the appellee, a schoolmaster.

Issue

Did the trial court err in denying the appellant's motion for a new trial based on the claim that the verdict was contrary to the law and not supported by the evidence?

Did the trial court err in denying the appellant's motion for a new trial based on the claim that the verdict was contrary to the law and not supported by the evidence?

Rule

A schoolmaster has the authority to administer moderate correction to pupils under his care, and to be guilty of assault and battery, the teacher must inflict immoderate chastisement with legal malice or cause permanent injury.

A schoolmaster is regarded as standing in loco parentis and has the authority to administer moderate correction to pupils under his care.

Analysis

The court analyzed the evidence presented, noting that the punishment was administered in the context of maintaining order and discipline in the school. The conflicting testimonies regarding the instrument used and the severity of the punishment were considered. The court found that the evidence, if believed by the jury, justified the verdict in favor of the teacher, as there was no indication of malice or excessive force.

It appears from the foregoing there was evidence which, if believed by the jury, justified the verdict and we conclude that the trial court committed no error in overruling the motion for new trial.

Conclusion

The Supreme Court affirmed the trial court's judgment, concluding that the evidence supported the jury's verdict for the defendant.

Judgment affirmed.

Who won?

The prevailing party was the appellee, the former schoolteacher, as the jury found that the punishment administered was within the bounds of reasonable discipline and did not constitute assault and battery.

The evidence was, however, conflicting as to the type of instrument used to administer the punishment; the appellant's evidence tending to show that he was whipped with a slat from an apple crate and the appellee's evidence tending to show that the instrument used was a ping-pong paddle.

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