Legal Opinion

Bishop v. Inhabitants of Rowley

Massachusetts Supreme Judicial Court

Decided March 9, 1896PublishedCited by 8 opinions

Tort, for an alleged unlawful exclusion of the plaintiff from a public school of the defendant town, in which he was a pupil. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows. As the children were assembling one morning before the opening of school, a pupil in another room than that of the plaintiff’s threw some gravel against a window of the building.

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Tort, for an alleged unlawful exclusion of the plaintiff from a public school of the defendant town, in which he was a pupil. Trial in the Superior Court, without a jury, before Lilley, J., who allowed a bill of exceptions, in substance as follows. As the children were assembling one morning before the opening of school, a pupil in another room than that of the plaintiff’s threw some gravel against a window of the building. The plaintiff’s teacher came from the building, and, not knowing the name of the boy who threw the gravel, asked the plaintiff the boy’s name, but the plaintiff, although…

1Opinion of the CourtAllen, J.

For an alleged fault, the teacher excluded or suspended the plaintiff from school until he should receive the permission of the school committee to return. The school committee continued such suspension, and would not allow the plaintiff to return to the school until he should apply to some one of them for permission to return, and promise to do his best at school. This assumed that he had been guilty of a fault, and required from him a virtual acknowledgment thereof. His father applied to the school committee for a hearing by them upon the matter of the plaintiff’s alleged misconduct, and…

2Cases cited3 opinions

  1. Hodgkins v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1870
  2. Watson v. City of CambridgeMassachusetts Supreme Judicial Court · 1893
  3. Davis v. City of BostonMassachusetts Supreme Judicial Court · 1882

3Cited by8 opinions

  1. Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
  2. Barnard v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1913
  3. Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1904
  4. Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1902
  5. Hammond v. Inhabitants of ParkMassachusetts Supreme Judicial Court · 1907

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