McKenna v. Kimball
Massachusetts Supreme Judicial Court
Tout, against the school committee of the town of Bradford. Trial in the Superior Court, before Hammond, J., who allowed , a bill of exceptions, in substance as follows: The evidence of the plaintiff tended to show that there was a tree standing upon a lot of land, owned by the town of Bradford, which lot adjoined Main Street, a public highway in said Bradford ; that on the lot there was a school-house used for a high school; that the defendants, who were the school…
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Tout, against the school committee of the town of Bradford. Trial in the Superior Court, before Hammond, J., who allowed , a bill of exceptions, in substance as follows: The evidence of the plaintiff tended to show that there was a tree standing upon a lot of land, owned by the town of Bradford, which lot adjoined Main Street, a public highway in said Bradford ; that on the lot there was a school-house used for a high school; that the defendants, who were the school committee at the time, decided by a vote taken upon the ground to cause the tree to be felled, and to employ one Knight, who was…
1Opinion of the CourtW. Allen, J.
The Pub. Sts. e. 44, § 21, provide for the election of a school committee by each town, which shall have the ' general charge and superintendence of all the public schools of the town. The school committee is a board of public officers whose duties are prescribed by statute, and in the execution of its duties the members do not act as agents of the town, but as public officers in the performance of public duties. J Besides the general provision before referred to, the statutes specify various duties required of the committee, and among them the care of school-houses. This duty is absolute in…
2Cases cited2 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Russell v. Inhabitants of LynnfieldMassachusetts Supreme Judicial Court · 1874
3Cited by25 opinions
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Leonard v. School Committee of the City of SpringfieldMassachusetts Supreme Judicial Court · 1922
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Antin v. Union High School District No. 2Oregon Supreme Court · 1929
- Ring v. City of WoburnMassachusetts Supreme Judicial Court · 1942
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