Headmaster to Pay

Manawatu Times, Volume LIV, Issue 7249, 31 August 1933, Page 10

Headmaster to Pay

“BUMPING” BY OTHER LADS TEACHER’S RESPONSIBILITY How far a headmaster could be deemed responsible for punishment inflicted upon a pupil by other boys was a question debated in a lawsuit heard in London last month.

. The case resulted in a schoolboy, whose wrist was fractured when he was “bumped” by fellow pupils, being awarded damages against his former headmaster, Rev. H. J. Kerridge, proprietor of a school at the Gables, Park Lane, Wembley. The boy was Laurence Alex, aged 12, who sued through his father, Mr Alexander Alex, of Wembley, Park Drive, Wembley.

The case was a retrial at the order of the Court of Appeal, and tho judgment now delivered by Mr Justice Swift roversed the decision of Mr Justice Macnaughten at the first trial that Mr Kcrridge had no case to answer. Counsel for tie boy stated that the Gables school was conducted on the company system, tho boys being divided into two sides, the “Purples” and tho “Greys". Tho “sides” were awarded marks—stars for good work and black marks for bad work. A bal-ance-sheet was struck every three weeks, and the boys assembled when the result was announced. On June 13 last year it was announced that the “Greys” had won. Ales belonged to "Purples and was held to be the boy who had let his side down. Marks Incorrectly Added. In the ordinary way the headmaster allowed the other lads to deal out the punishment to the “bad boy", and Alex was “bumped” by three of them in a park opposite the school. Later, however, it was found that tho marks had been incorrectly added up, but the fact was communicated only to Alex’s class and not to the whole school. By that timo the “bumping” had taken place and Alex’s arm had been injured. Laurence Alex, in his evidence, described the “bumping”, and said he had previously seen tho headmaster’s son go through a similar experience. Tho Judge: Parents might well consider whether they are safe in delegating to a headmaster powers that he may delegate to tho boys. Mrs Lily Phillimorc, certified teaeher, said while she was at the school she saw small boys in tears because of their treatment by the bigger boys. On ono occasion she stopped the “bumping” of a boy in tho school ground. Question of Degree. The Judge asked if it were thought these things developed manliness. Counsel for tho headmaster: It depends on the manner and tho degree in which they aro done. Violent roughness will lead to hooliganism, but the absenco of mollycoddling may perhaps lead to manliness.

Mr Kerridge, in the witness box, stated that he started tho school in 1924. His object in grading tho boys into “Purples” and “Greys” was to encourago the samo spirit. “I tried to get the boys to think they belonged to a community—tho school,” he added. “I never said to them: ‘lt’s up to you to deal with him.’” He had no idea Alex was going to bo ill-treated in any way.

Counsel; What steps did you takol

—I asked the prefect to report to me any kind of roughness. How old was the prefect? Witness said the prefect was about 14. Until the bumping of Alex there had been nothing of the kind for about seven years, and then only outside the school grounds. Mr Kerridge denied that It was done with his knowledge or sanction.

Remarks by the Judge,

Mr Justice Swift, in giving judgment, stated that when a parent placed a schoolmaster in his own place as parent, he did not intend the punishment of his child to bo handed over to other boys. There was not the slightest doubt that it was left to the other boys to punish delinquents. It might be that in other circumstances and under supervision it was right for the older boys to punish the younger. It might also be right for corporal punishment to be administered in a proper form. The result of what young Alex went through was to injuro his arm. His spine might just as easily have been hurt.

“Bumping”, remarked the Judge, was a very dangeroues practice. There was no doubt Mr Kerridge delegated to the boys a duty imposed upon him, and, as a direct result of that delegation, the hoy suffered tho injury. It. was comforting to know from tho medical report that he would soon almost entirely recover. The Judge awarded Alex £l5O in respect of the pain and inconvenience he had suffered, and gave judgment for a total sum of £243, including tho agreed special damages. He also ordered £l5O to be paid into court.