Legal Opinion

Horne v. Chester School District

Supreme Court of New Hampshire

Decided February 1, 1910PublishedCited by 1 opinion

Assumpsit; under chapter 59, Laws 1905, for wages as a schoolteacher. Trial by the court and verdict for the plaintiff, to which the defendants excepted. Transferred from the January term, 1909, of the superior court by Pike, J. The school board of the defendant district made it a condition of the plaintiff’s employment as teacher that she should board at a. certain house, and she did so during the first five weeks of the term.

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Assumpsit; under chapter 59, Laws 1905, for wages as a schoolteacher. Trial by the court and verdict for the plaintiff, to which the defendants excepted. Transferred from the January term, 1909, of the superior court by Pike, J. The school board of the defendant district made it a condition of the plaintiff’s employment as teacher that she should board at a. certain house, and she did so during the first five weeks of the term. She then informed a member of the board that circumstances had arisen which made her unwilling to board longer at. the designated place, asked to be allowed to…

1Opinion of the CourtParsons, C. J.

Whether the plaintiff acquiesced in the termination of her employment and waived further compensation is a question of fact concluded by the verdict. Under the law prior to the abandonment of the district system, abolished by the law of 1885 (c. 43), it was the official duty of the prudential committee of the district to select and hire teachers and to provide them board. School District v. Currier, 45 N. H. 573. By the act of 1885 (e. 43, s. 4), the duties of both prudential and school committees were imposed upon school boards. In the definition of these duties in the next revision (1891),…

2Cases cited2 opinions

  1. Wheeler v. AltonSupreme Court of New Hampshire · 1896
  2. Wheeler v. Alton School DistrictSupreme Court of New Hampshire · 1891

3Cited by1 opinion

  1. Jones v. Kulpmont Borough School DistrictSupreme Court of Pennsylvania · 1938

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