Harkness v. School Board of District No. 3

The opinion of the court was delivered by

Mason, J.:

P. H. Harkness, who lives more than three miles from the schoolhouse in his district, brought mandamus in the district court against the members of the school board, seeking to require them to provide transportation for his nine-year-old daughter to and from school. A motion to .quash the alternative writ for failure to state sufficient grounds was sustained, and the plaintiff appeals. ■

The statute relied upon, so far as here important, reads:

“The district board of any school district may provide for the comfortable transportation,, in a…