Legal Opinion

State ex rel. O'Bannon v. Cole

Supreme Court of Missouri

Decided May 22, 1909PublishedCited by 14 opinions

Appeal from Pettis Circuit Court.- — Hon. Louis Hoffman, Judge. (1) The courts refrain from interference with school regulations not oppressive or arbitrary and which are needful for the moral and physical health of the pupils.

Read the full summary

Appeal from Pettis Circuit Court.- — Hon. Louis Hoffman, Judge. (1) The courts refrain from interference with school regulations not oppressive or arbitrary and which are needful for the moral and physical health of the pupils. King v. School Board, 71 Mo. 628 ; Deskins v. G-ose, 85 Mo. 485; Dritt v. Snodgrass, 66 Mo. 286. (2) If smallpox is prevalent, as shown in this record, then even without express statutory authority, vaccination may he required as a condition precedent to the right to attend school. Duffield v. Williamsport School Dist., 162 Pa. St. 476; Field v. Robinson, 198 Pa. St.…

1Opinion of the CourtGraves, J.

Relator is a resident taxpayer of the city of Sedaba, and of the Sedaba school district. He is also the father of two children, aged between eight and fourteen years, which were excluded from the public schools of said district by reason of the action of the defendants who constitute the board of directors of the defendant school district of the city of Sedaba.

The board of directors of said school district on December 4, 1908, made the following order:

“Whereas it has come to the knowledge of the board of education that smallpox exists within the school district; that they deem it necessary…

2Cases cited10 opinions

  1. Jacobson v. MassachusettsSupreme Court of the United States · 1905
  2. Matter of ViemeisterNew York Court of Appeals · 1904
  3. Commonwealth v. PearMassachusetts Supreme Judicial Court · 1903
  4. Bissell v. DavisonSupreme Court of Connecticut · 1894
  5. Potts v. BreenIllinois Supreme Court · 1897

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. King v. PriestSupreme Court of Missouri · 1947
  2. State ex rel. McBride v. Superior CourtWashington Supreme Court · 1918
  3. Springfield City Water Co. v. City of SpringfieldSupreme Court of Missouri · 1944
  4. Wright v. Board of EducationSupreme Court of Missouri · 1922
  5. Kansas City v. FeeMissouri Court of Appeals · 1913

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API