Legal Opinion

Burke v. Wilkes-Barre Township School District

Superior Court of Pennsylvania

Decided April 17, 1905No. 1; Appeal, No. 50PublishedCited by 5 opinions

Appeal, No. 50, Jan. T., 1905, by Margaret Burke, from judgment of C. P. Luzerne Co., Dec. T., 1901, No. 185, on verdict for plaintiff in case of Margaret Burke v. School District of the Township of Wilkes-Barre. Assumpsit for salary. Before Lynch, P. J. Tlie' facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $674. Defendant appealed.

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Appeal, No. 50, Jan. T., 1905, by Margaret Burke, from judgment of C. P. Luzerne Co., Dec. T., 1901, No. 185, on verdict for plaintiff in case of Margaret Burke v. School District of the Township of Wilkes-Barre. Assumpsit for salary. Before Lynch, P. J. Tlie' facts appear by the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $674. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiff claimed to have been duly elected a teacher to teach one of the schools of the defendant school district for three successive terms, commencing August 28, 1899. The election took place at a special meeting of the school board held August 7, 1899, for the purpose of hearing the report of a teachers’ committee and electing teachers, at which “ all members *18answered the roll call.” The teachers’ committee reported recommending the employment of twelve different teachers to teach in the common schools of the district at various salaries, some for one school term, and…

2Cases cited5 opinions

  1. School District of Dennison Township v. PaddenSupreme Court of Pennsylvania · 1879
  2. Dyberry School District v. MercerSupreme Court of Pennsylvania · 1887
  3. Tobin v. MorganSupreme Court of Pennsylvania · 1872
  4. Commonwealth ex rel. Heisey v. RisserSuperior Court of Pennsylvania · 1896
  5. Genesee Township Independent School District v. McDonaldSupreme Court of Pennsylvania · 1881

3Cited by5 opinions

  1. Potts v. Penn Township School DistrictSuperior Court of Pennsylvania · 1937
  2. McCandless v. Summit Township School DistrictSuperior Court of Pennsylvania · 1913
  3. Toye v. Exeter Borough School DistrictSupreme Court of Pennsylvania · 1909
  4. Carns v. MatthewsSuperior Court of Pennsylvania · 1934
  5. Costello v. School DistrictSupreme Court of Pennsylvania · 1913

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