Strauss v. Hannig

Petitioner passed the scholastic examination for the position of day high school teacher. Defendants, acting on the advice of their medical staff that petitioner was suffering from a heart ailment, refused to place his name on the list of persons eligible for appointment. The petitioner thereupon initiated these proceedings and procured an order directing the trial of the question as to whether the action of the board of examiners was arbitrary, capricious and unreasonable. This issue was tried before the court without a jury. The court found in favor of petitioner and granted an order…