Lander v. Seaver
Supreme Court of Vermont
Trespass for assault and battery. Plea the general issue and two special pleas in bar. The first special plea alleged that the defendant was a schoolmaster, and the plaintiff was one of his pupils, and was guilty of misbehavior as such pupil, for the purpose of punishing which the defendant did, in his school, a little beat and bruise the plaintiff, doing him no unnecessary injury, which was alleged to be the same trespass complained of in the declaration.
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Trespass for assault and battery. Plea the general issue and two special pleas in bar. The first special plea alleged that the defendant was a schoolmaster, and the plaintiff was one of his pupils, and was guilty of misbehavior as such pupil, for the purpose of punishing which the defendant did, in his school, a little beat and bruise the plaintiff, doing him no unnecessary injury, which was alleged to be the same trespass complained of in the declaration. The second special plea justified the alleged trespass upon the same ground, except that the offence for which the plaintiff was alleged…
1Opinion of the CourtAldis, J.
Th'e defendant was a teacher in a public school in Burlington, the plaintiff his pupil. The first question presented *120is, has a schoolmaster the. right to punish his pupil for acts of misbehavior committed after the school has been dismissed, and the pupil has returned home and is engaged in his father’s service ?
It is conceded that his right to punish extends to school hours, and there seems to be no reasonable doubt that the supervision and control of the master over the scholar extend from the time he leaves home to go to school till he returns home from school. Most parents would expect…
2Cases cited3 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Fuller v. GouldSupreme Court of Vermont · 1848
- Hathaway v. RiceSupreme Court of Vermont · 1846
3Cited by50 opinions
- Gibson v. GibsonCalifornia Supreme Court · 1971
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Dunlap v. DunlapSupreme Court of New Hampshire · 1930
- Pacific Telephone & Telegraph Co. v. Superior CourtCalifornia Supreme Court · 1970
- Teachers' Tenure Act CasesSupreme Court of Pennsylvania · 1938
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