Byrne v. Caldwell, Superintendent

Opinion op the Court by

Chief Justice Clay

Affirming.

Mrs. R. A. Byrne and others, who live in the Summit consolidated school district of Boyd county, and have children attending the consolidated school, brought this action against L. O. Caldwell, county superintendent, and the members of the board of education of Boyd county, to compel them to provide transportation for their children to and from school. A demurrer was sustained to the petition as amended, and the petition was dismissed. Plaintiffs have appealed.

Section 4426a9, Kentucky Statutes, is as follows:

“The county board of education…