HEADMASTER TO PAY

New Zealand Herald, Volume LXX, Issue 21580, 26 August 1933, Page 2 (Supplement)

HEADMASTER TO PAY

SCHOOLBOY AWARDED DAMAGES v " BUMPING " BY OTHER LADS 0 TEACHER'S RESPONSIBILITY How far a headmaster could bo deenied 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 the judgment ,now delivered by Mr. Justice Swift reversed the decision of Mr. Justice Macnaghten at the first, trial that Mr. Kerricjge had no case to answer.

Counsel for the boy stated that the Gables school was conducted on the company system, the boys being divided into-two sides, the " Purples " and the " Greys." The " sides " were awarded marks—stars for good work and black marks for bad work. A balance-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. Alex belonged to the "Purples," and was held to be the boy who had let his side down. Marks Incorrectly Added In the ordinary way the 4 headmaster allowed the other lads deal out the punishment to the " bad boy," and Alex 1 was " bumped " by three of thom in a park opposite the ' school. Later, however, it was found that the marks had been incorrectly added up, but the fact was communicated only to Alex's class and not to the wholo school. By that time 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 the headmaster's son go through a similar experience. The Judge: Parents might well consider whether they are safe in delegating to a headmaster powers he may delegate to the boys. Mrs. Lily Phillimore, certified teacher, said while she was at the school she saw small boys in tears because of their treatment by the bigger boys. On one occasion she stopped the " bumping " of a boy in the school ground. , ; Question of Degree

The Judge asked if it were thought these things ' developed manliness. Counsel for the headmaster: It depends on the manner and the degree in which they are done. Violent roughness will lead to hooliganism, but the absence of mollycoddling may perhaps lead to manliness. Mr. in the witness box, stated that he started the school in 1924. His object in grading the boys into "Purples" and "Greys" was to encourage tho same spirit. " I tried to get the boys to think they belonged to a community—the 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 bp ill.treated in any way. Counsel: What steps did you take? —I asked tho prefect to report to mo any kind of jro ugliness.. .. How old was the prefect? Witness said the prefect was about 14. Until the humping of Alex there had been nothing of the kind for about seven years, and then only outside the school grounds. Mr. Kerridgo 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 plaeo as parent, he did not intend tho punishment of his child to be handed over to other boys. There was not tho slightest doubt that it was left to the other boys to punish delinquents. It might be that in othor circumstances and under proper supervision it was right for the older boys to punish the younger. It might also bo right for corporal punishment to be administered in a proper form. The result of what young Alex went through was to injure his arm. His spine might just as easily have been hurt. " Bumping/' remarked the Judge, was a very-dangerous practice. There was no doubt Mr. Kerridgo delegated to the boys a duty imposed upon him, and, as a direct result of that delegation, tho boy suffer6d tho injury. It was comforting to know from the medical report that ho would soon almost entirely recover. . Tho Judge awarded Alex £lyo in respect of the pain and inconvenience he had suffered, and gave judgment for a total sum of £243, including the agreed special'damages. He also ordered £ISU to be paid into court.