Fogg v. Board of Education of Littleton
Supreme Court of New Hampshire
Petition for mandamus, to compel the defendants to furnish some means of education for the plaintiff’s son, or some means of transporting him to one of the schools maintained in the district. Transferred from the May term, 1911, of the superior court by Pike, J., on the plaintiff’s exception to the dismissal of the petition. The plaintiff lives four and one fifth miles from the nearest school, and the defendants decline to convey his son, who is about nine years old.
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Petition for mandamus, to compel the defendants to furnish some means of education for the plaintiff’s son, or some means of transporting him to one of the schools maintained in the district. Transferred from the May term, 1911, of the superior court by Pike, J., on the plaintiff’s exception to the dismissal of the petition. The plaintiff lives four and one fifth miles from the nearest school, and the defendants decline to convey his son, who is about nine years old. There is but one other scholar in that locality, and she lives upon a different road. If the board were to furnish…
1Opinion of the CourtWalker, J.
“The school board of every district shall provide schools at such places within the district and at such times in each year as will best subserve the interests of education, and will give to all the scholars of the district as nearly equal advantages as may be practicable. They may use a portion of the school money, not exceeding twenty-five per cent, for the purpose of conveying scholars to and from the schools.” P. S., c. 92, s. 1. One contention of the plaintiff is that the last sentence of this statute is mandatory and not permissive, and that upon a true construction of the statute the…
2Cases cited5 opinions
- Bissell v. DavisonSupreme Court of Connecticut · 1894
- Newcomb v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1903
- Learock v. PutnamMassachusetts Supreme Judicial Court · 1873
- Carey v. ThompsonSupreme Court of Vermont · 1894
- Davis v. Inhabitants of ChilmarkMassachusetts Supreme Judicial Court · 1908
3Cited by10 opinions
- Claremont School District v. GovernorSupreme Court of New Hampshire · 1993
- State Ex Rel. Klimek v. School District No. 70Supreme Court of Minnesota · 1939
- Veterans' Welfare Board v. RileyCalifornia Supreme Court · 1922
- Baer v. New Hampshire Department of EducationSupreme Court of New Hampshire · 2010
- Cross v. FisherTennessee Supreme Court · 1915
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