How have the trustees been found to be negligent in negligence in a case involving an infant plaintiff?
Saskatchewan, Canada
The following excerpt is from Ellis v. Moose Jaw Public School District, 1946 CanLII 201 (SK CA):
Upon such evidence it is my opinion that the learned Judge was amply justified in holding that the trustees were negligent because, to put it tersely, the supervision exercised by the principal as their representative was in regard to the infant plaintiff, as he ought to have anticipated, wholly inadequate to save him from such possible dangers. In this respect this case is readily distinguishable from Rawsthorne v. Ottley [1937] 3 All E.R. 902, and the other cases cited for the trustees, in which the school authorities successfully avoided liability because the circumstances from which the injury arose had not and could not have reasonably been apprehended by the master of the school.
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