Learock v. Putnam
Massachusetts Supreme Judicial Court
Action of tort against Granville B. Putnam and Samuel G. Bowdlear. The declaration was as follows : “ And the plaintiff says that on the fifteenth day of January 1871, and for a long time prior thereto, she was of right and had long been a pupil in the Franklin School, one of the public schools of the city of Boston, and had the lawful right to remain and continue a pupil in said school, and desired and intended so to remain and continue for a long time subsequent to said…
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Action of tort against Granville B. Putnam and Samuel G. Bowdlear. The declaration was as follows : “ And the plaintiff says that on the fifteenth day of January 1871, and for a long time prior thereto, she was of right and had long been a pupil in the Franklin School, one of the public schools of the city of Boston, and had the lawful right to remain and continue a pupil in said school, and desired and intended so to remain and continue for a long time subsequent to said fifteenth day of January; that sue had obeyed all the rules and regulations of said school appertaining to her, and had in…
1Opinion of the CourtWells, J.
The plaintiff does not seek to recover for any violence to her person, or for trespass in removing her from the school-house, but for exclusion from the school, thereby depriving her of her legal right to attend school, and receive instruction as a pupil. The declaration, however, does not show that the defendants had any legal authority in the matter; and therefore fails to show that she has been deprived of such right.
But assuming that the defendants were the school committee, and have, by virtue of their authority as such, excluded the plaintiff from her right to attend school as a pupil;…
2Cases cited1 opinion
- Dwinnels v. ParsonsMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Leonard v. School Committee of AttleboroMassachusetts Supreme Judicial Court · 1965
- John B. Stetson University v. HuntSupreme Court of Florida · 1924
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1904
- Fulgoni v. JohnstonMassachusetts Supreme Judicial Court · 1939
- Board of Education v. PurseSupreme Court of Georgia · 1897
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