Barnard v. Inhabitants of Shelburne

This is an action of tort to recover damages (as alleged in the declaration) for wrongful exclusion of the plaintiff from the “public High School” of Shelburne. The trial judge * ruled that there was no evidence that the plaintiff might not have gone to a school of the ninth grade. This ruling appears to have been right and became the law of the case for the purposes of that trial.

The evidence tended to show that the plaintiff entered the high school in its freshman class in the autumn of 1910, and that from the first he fell below the required standard of excellence in one or more branches…