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Keel v. Hainline
Oklahoma Supreme Court
331 P.2d 397 (1958)
A music teacher arrived about 30 minutes late to class, leaving some 35 to 40 students unattended in the meantime. Some students began throwing wooden chalkboard erasers at each other from opposite ends of the classroom. Patricia Ann Burge (plaintiff) was studying in her seat near the center of the room when an eraser hit her, shattering her glasses and causing her to lose the use of one eye. Burge sued and obtained a judgment against six students, including Robert Keel (defendant), who had only retrieved erasers and handed them to others to throw, not thrown any himself. Keel appealed, arguing that Burge’s injury was not willful or intentional, nor proximately caused by wrongful and unlawful conduct on the defendants’ part.
Rule of Law
Holding and Reasoning (Williams, J.)
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