tooth completely out and breaking another one.
The plaintiff alleged negligence on the part of Julia Cullen by throwing or dropping the bat in the manner in which she did and negligence against St. Francis Cabrini School for permitting the softball game to be played in the area in which it was being played and also for improper supervision of the school children in its charge.
After hearing the evidence, the District Court rendered judgment for the plaintiff against both defendants, stating in its reasons for judgment that the school was negligent in permitting this softball game to be played in this particular area and, further, that the children were not given proper supervision. The District Court also concluded that Julia Cullen was negligent in her behavior.
We are unable toagree with our learned brother of the lower court in either conclusion. A careful review of the record in the case reveals that a few minutes after classes were dismissed for this 20-minute morning recess a group of young girls full of life and energy organized and began playing a softball game in an area between Prentiss Avenue and the Administration Building and a sidewalk that runs along Prentiss Avenue. Plaintiff's little daughter, 12 or 13 years of age at the time of the accident, was sitting along the third-base line some distance variously estimated at from 8 to 11 feet to the rear of a right-handed batter. The testimony is conflicting as to when she first sat there on this occasion. There is some evidence that Sister