Mr. Evans, in his defence, denied liability, and said that it was a term of the contract between himself and the parents of boys that he might administer corporal punishment if he considered it in a boy’s best interest. On March 9, 1944, the boy stuck a fellow pupil in the face with a piece of metal, injuring him, and it was agreed between him (Mr. Evans) and Mrs. Feldman, Peter’s mother, that he should administer corporal punishment to Peter if inquiry showed that there was no sufficient provocation for his assault on the other boy. Mr. Evans admitted that, having found that there was no sufficient provocation, he gave Peter six strokes on the naked buttocks with a flat rubber instrument about 17 1/2 inches long, 2 1/2 inches wide, and 1/4 inch thick, and that in the course of that punishment, the boy sustained slight grazes of the upper right leg, and he pleaded that the punishment was reasonable and was justifiably and moderately administered.

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