| Show Not 1 hble fur Uiuuge Attorney Gtneml Bishop Side l dellv orcd Ibo following opinion to Btale rjuperlutrndout of Public Instruction John It Park I Dtar AirI have considered Ihe inrnunlcatlou of County Buperln ced out Van Colt transmitted by you 10 t we at a ascent dale wherein my opinion Is asked In rtfeieuce lo the liability tit rise school trust eg of school i district do 26 on account of certain IIIJeobnt fld treiiama committed by children at I ending he tcboot lu troselD the silver and euterlu upon private property prop-erty to kit water loan a dllcn thereby destroying a lence which was between this ditch and tile street and also matIng mat-Ing Shot the owner of the promt bus filed a bill with the trustees against the district for damages While the acts of tho children were In the nature nf a trespatr and while they may U liable Ir ereltr the qu tlonol toe liability of the trustees ana of Ihu district lor damages resultlui front the trespass Is quite another oil alliteration As a general rule no mau Indiana lu uu ttspous ble fir out wt lil own unless they wore done at his Instance I In-stance or were autborlzid ty him or assented tJ Bull latlllvd by him The communication of the county superintendent does not disclose any suthorUatlon tissues or ratlflca lion which wonlJ be sufflolont In my opinion to tuargu the trustees per 1 on ally with damages resulting from the wrongful acts or UK children It utino not follow Ircm tile liability I of the M lr r chlMKii 1 II II at the trustees of the I did Sales woul I be responsible A child while on Ibo school irmns I might so Injure other chlldnn as to became responsible for a tort Sol I there I would be no authority ID the law far holding the district trustees or teacher rt i ouslble for itself tort unless I 11 ere should bo some tartlclpatlon In 1 Sri us atiovo specified It Is I therefore my opinion under the lads state l In the county superlnlendeul4couimunl notion that thas claim cannot be I al Ij paid |
