Spear v. Cummings
Massachusetts Supreme Judicial Court
Case. The declaration set forth, that the defendant was duly employed as, and took upon himself the office, of teacher of a public district school in Quincy, for the sum of $ 450 a year ; that it thereupon became his duty to teach all the chil dren between the ages of seven and sixteen years, residing in the district, who should be sent to the school for instruction ; that the plaintiff resided in the district with three children and a servant, between those ages, and that…
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Case. The declaration set forth, that the defendant was duly employed as, and took upon himself the office, of teacher of a public district school in Quincy, for the sum of $ 450 a year ; that it thereupon became his duty to teach all the chil dren between the ages of seven and sixteen years, residing in the district, who should be sent to the school for instruction ; that the plaintiff resided in the district with three children and a servant, between those ages, and that he sent them to the school and requested the defendant to teach them ; yet that the defendant, well knowing the premises,…
1Opinion of the Court
Shaw G. J.
afterward drew up the opinion of the Court. This is an action of new impression, and it is not known that a similar one has ever been brought in this or any of the -other States. It is certainly a consideration of great weight, that no such action has ever been maintained, but it is not decisive.
In the first place, it is manifest, that there is no privity of contract, between the parents of pupils to be sent to school, and the school-master. The latter is employed and paid by the town ; and to them only is he responsible on his contract. And, again, the master of a school is not an…
2Cases cited3 opinions
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- Kilham v. WardMassachusetts Supreme Judicial Court · 1806
- Bridge v. LincolnMassachusetts Supreme Judicial Court · 1817