Davis v. City of Boston
Massachusetts Supreme Judicial Court
Tout under Gen. Sts. c. 41, § 11, brought in the name of the plaintiff by his next friend to recover damages for the unlawful exclusion of the plaintiff from the Harvard Grammar School, in the Charlestown District of Boston, by the principal of the school.
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Tout under Gen. Sts. c. 41, § 11, brought in the name of the plaintiff by his next friend to recover damages for the unlawful exclusion of the plaintiff from the Harvard Grammar School, in the Charlestown District of Boston, by the principal of the school. At the. trial in the Superior Court, before Allen, J., the plaintiff’s evidence tended to prove that the plaintiff was fourteen years of age, a legal resident of said district, and that he had attended said, school for several years previously to the alleged exclusion ; that the teacher, who had charge of the class in which the plaintiff…
1Opinion of the CourtMorton, C. J.
This action is brought under the statute, which provides that “a child unlawfully excluded from any public school shall recover damages therefor in an action of tort, to be brought in the name of such child by his guardian or next friend against the city or town by which such school is supported.” Gen. Sts. c. 41, § 11. Pub. Sts. c. 47, § 12.
The evidence, viewed in the light most favorable to the plaintiff, tended to show that he was guilty of several acts of disobedience and insubordination in the school, for which the teacher sent him to his home; that afterwards his father returned with…
2Cases cited2 opinions
- Hodgkins v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1870
- Learock v. PutnamMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- John B. Stetson University v. HuntSupreme Court of Florida · 1924
- Board of Education v. PurseSupreme Court of Georgia · 1897
- Harrington ex rel. Harrington v. City of AttleboroDistrict Court, D. Massachusetts · 2016
- Bishop v. Inhabitants of RowleyMassachusetts Supreme Judicial Court · 1896