Legal Opinion

Morrison v. City of Lawrence

Massachusetts Supreme Judicial Court

Decided April 1, 1902PublishedCited by 15 opinions

Tort for the alleged unlawful exclusion of the plaintiff from the public schools of the defendant. Writ dated April 18,1900. At the trial in the Superior Court before Bell, J., a record of the school committee was put in evidence which stated that the plaintiff had had an opportunity to be heard on the charges against him.

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Tort for the alleged unlawful exclusion of the plaintiff from the public schools of the defendant. Writ dated April 18,1900. At the trial in the Superior Court before Bell, J., a record of the school committee was put in evidence which stated that the plaintiff had had an opportunity to be heard on the charges against him. It appeared that the plaintiff’s father was notified that a hearing would be granted, and a meeting of the school committee was called for the purpose of giving a hearing on April 10, 1900. The plaintiff, with his father and mother, appeared before the school committee, and…

1Opinion of the CourtKnowlton, J.

This is an action brought under the Pub. Sts. c. 47, § 12, St. 1898, c. 496, § 9, (R. L. c. 44, § 7,) to recover damages for an unlawful exclusion of the plaintiff from a public school. In Spear v. Cummings, 23 Pick. 224, it was held that a teacher of a town school is not liable to an action by a parent for refusing to instruct his child, and in the opinion, which discusses our school system and the powers and duties of school committees in cities and towns, it was said that if the committee should refuse to permit a pupil to attend a school, it would be assumed that there was a good and…

2Cases cited5 opinions

  1. Haven v. County Commissioners of EssexMassachusetts Supreme Judicial Court · 1892
  2. Watson v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
  3. Alvord v. Inhabitants of ChesterMassachusetts Supreme Judicial Court · 1901
  4. Bishop v. Inhabitants of RowleyMassachusetts Supreme Judicial Court · 1896
  5. Russell v. Inhabitants of LynnfieldMassachusetts Supreme Judicial Court · 1874

3Cited by15 opinions

  1. Wood v. StricklandSupreme Court of the United States · 1975
  2. Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
  3. Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
  4. Barnard v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1913
  5. Kelley v. School Committee of WatertownMassachusetts Supreme Judicial Court · 1953

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