Semple School for Girls v. Yielding
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Lillian Yielding, pro ami, against the Semple School for Girls. Judgment for plaintiff, and defendant appeals. The plaintiff in the court below (appellee here) was an infant over 18 years of age,* living with her parents in Birmingham, Ala. Her father made arrangements with the defendant in the court below (appellant here) for her attendance at a boarding school in New York.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Lillian Yielding, pro ami, against the Semple School for Girls. Judgment for plaintiff, and defendant appeals. The plaintiff in the court below (appellee here) was an infant over 18 years of age,* living with her parents in Birmingham, Ala. Her father made arrangements with the defendant in the court below (appellant here) for her attendance at a boarding school in New York. City for a period of one scholastic year, at an agreed price of $1,000, and in accordance with that contract she was delivered to the appellant,…
1Opinion of the CourtSamford, J.
[1] The evidence without dispute discloses that the plaintiff, who was an infant, had been by her father placed in the custody and under the control of the defendant, who was the principal of the school in New York City, and who therefore stood in loco parentis to the infant, having not only the custody of the plaintiff, but also'the control and custody of her wearing apparel, during the period of the school year. Under these facts, the retention of the trunk and its contents _ would not constitute an asportavit, and therefore there was no element of trespass. This being the fact, it will be…
2Cases cited23 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Howton v. MathiasSupreme Court of Alabama · 1916
- Alston v. AlstonSupreme Court of Alabama · 1859
- Curtis v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1878
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
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3Cited by5 opinions
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- Hodges v. WestmorelandSupreme Court of Alabama · 1923
- Cy Carney Appliance Co. v. TrueSupreme Court of Arkansas · 1956
- Kreigh v. CogswellWyoming Supreme Court · 1933
- Ruff v. HansonSupreme Court of Alabama · 1931