Harris v. Salem School District
Supreme Court of New Hampshire
Case, for personal injuries, brought by the plaintiff, a minor, by his father and next friend. The defendants moved to dismiss the action, on the ground that they were not. liable as matter of law; and the question of law arising on the motion was transferred from the.
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Case, for personal injuries, brought by the plaintiff, a minor, by his father and next friend. The defendants moved to dismiss the action, on the ground that they were not. liable as matter of law; and the question of law arising on the motion was transferred from the. April term, 1903, of the superior court by Young, J. The declaration is as follows: “That the defendants, at Salem, in the county of Rockingham, on the first day of September, A. D. 1901, being a town school-district for the maintenance of a public school in said town, for the education of the children of school age residing in…
1Opinion of the CourtBinoham, J.
If it was the duty of the defendants to provide the plaintiff with transportation to and from school (a question not considered), it was a public duty from which the district derived no benefit or advantage (Doolittle v. Walpole, 67 N. H. 554); and the right of the plaintiff to bo transported was one he enjoyed in common with other scholars in the district, and was also public, Rhobidas v. Concord, 70 N. H. 90, 116. But it has long been the recognized law of this state that an action cannot be maintained against a municipality for the infringement of such a right, in the absence of a statute…
2Cases cited3 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- State Ex Rel. Weddle v. Board of County School CommissionersCourt of Appeals of Maryland · 1902
- Charles Bank v. Brainerd School DistrictSupreme Court of Minnesota · 1892
3Cited by12 opinions
- Daniels v. Board of EducationMichigan Supreme Court · 1916
- Wallace v. Laurel County Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1941
- Consolidated School District No. 1 v. WrightSupreme Court of Oklahoma · 1927
- Veterans' Welfare Board v. RileyCalifornia Supreme Court · 1922
- Allen v. Independent School District No. 17Supreme Court of Minnesota · 1927
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