Haerter v. City West Allis

Plaintiff-respondent brought suit against defendant-appellant for injuries suffered as a result of an accident which took place on February 18, 1960, while plaintiff was competing in a dart-ball league conducted under the auspices of defendant's board of education. The competition was carried on in the gymnasium of Horace Mann high school. Plaintiff was a reserve player on his team and was not involved in the first game. He went over to inspect the ""averages board,"" on which team standings and individual averages were kept. The board, which was stored away when dart-ball competition was not in progress, was standing on two benches 18 inches high and leaning against the tile wall of the gymnasium. No one else was in the immediate area when plaintiff approached the board. He did not touch the board or otherwise disturb its balance. The board fell on plaintiff's foot, breaking a toe.