Legal Opinion

Barnard v. Inhabitants of Shelburne

Massachusetts Supreme Judicial Court

Decided October 13, 1915PublishedCited by 12 opinions

Tort against the town of Shelburne for alleged wrongful expulsion of the plaintiff from the public high school of that town.

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Tort against the town of Shelburne for alleged wrongful expulsion of the plaintiff from the public high school of that town. Writ dated May 26, 1911. In the Superior Court the case first was tried before Bell, J. The jury returned a verdict for the plaintiff in the sum of $325; and the defendant alleged exceptions, which were sustained by this court in a decision reported in 216 Mass. 19. There was a new trial of the case before Aiken, C. J. At this trial the plaintiff excepted to the exclusion of a letter written by the chairman of the school committee offered in evidence by the plaintiff,…

1Opinion of the CourtPierce, J.

The facts reported in the case at bar are in substance stated in the opinion in Barnard v. Shelburne, 216 Mass. 19. The inferences of fact there found are now established by direct testimony.

The reply to the letter of April 10 was the letter of April 22, which was admitted in evidence at the former trial and was excluded at the last trial subject to the plaintiff’s exception. The letter of April 10 was addressed to the school committee and was delivered in hand to Herbert Newell, the chairman of that board. He talked concerning the subject matter- with two members of the committee (which…

2Cases cited5 opinions

  1. Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
  2. Barnard v. Inhabitants of ShelburneMassachusetts Supreme Judicial Court · 1913
  3. Damon v. Selectmen of FraminghamMassachusetts Supreme Judicial Court · 1907
  4. Shea v. Inhabitants of MilfordMassachusetts Supreme Judicial Court · 1888
  5. Murdough v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1896

3Cited by12 opinions

  1. Connelly v. University of Vermont & State Agricultural CollegeDistrict Court, D. Vermont · 1965
  2. Carbone, Inc. v. KellyMassachusetts Supreme Judicial Court · 1935
  3. O'Brien v. City of PittsfieldMassachusetts Supreme Judicial Court · 1944
  4. Mustell v. RoseSupreme Court of Alabama · 1968
  5. Marshall v. Registrar of Motor VehiclesMassachusetts Supreme Judicial Court · 1949

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