Kaplan v. Philadelphia School District

Dissenting Opinion by

Mr. Chief Justice Jones:

I would reverse the judgment of the Superior Court and reinstate the Common Pleas Court’s award to the plaintiff of the unpaid salary under his teaching contract with the defendant School District for the period (approximately seven weeks) between his suspension by the Superintendent of Schools and his dismissal by the Board of Public Education.

The question of law involved is a very simple one and, no doubt, would have been simply answered were it not for the fact that the real issue in the case has become submerged, on appellate review, in an…