Legal Opinion

Morrison v. City of Lawrence

Massachusetts Supreme Judicial Court

Decided October 18, 1904PublishedCited by 27 opinions

Tort for the alleged unlawful exclusion of the plaintiff from the public schools of the defendant. Writ dated April 13,1900. At the first trial of this case the jury returned a verdict for the plaintiff.

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Tort for the alleged unlawful exclusion of the plaintiff from the public schools of the defendant. Writ dated April 13,1900. At the first trial of this case the jury returned a verdict for the plaintiff. Exceptions alleged by the defendant were sustained and a new trial was ordered by this court in a decision reported in 181 Mass. 127. At the new trial before Wait, J., the defendant excepted to the admission of the testimony of the plaintiff as to what was said by the principal of the school from which the plaintiff was excluded to the superintendent of schools, when the principal took the…

1Opinion of the CourtBraley, J.

This is an action of tort to recover damages for the wrongful exclusion of the plaintiff from the high school maintained by the defendant, and the plaintiff having obtained a verdict, the case is here on exceptions taken by the defendant to the admission of evidence, and to adverse rulings as to its liability. If these are taken up in their order, the exception to the admission of certain evidence is to be first considered.

It was obligatory on the plaintiff to show that he did not voluntarily leave school. For this purpose it was open to him to prove that he left because suspended by the…

2Cases cited15 opinions

  1. Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
  2. Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
  3. Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
  4. Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
  5. Whitcomb's CaseMassachusetts Supreme Judicial Court · 1876

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3Cited by27 opinions

  1. Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
  2. Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
  3. Leonard v. School Committee of AttleboroMassachusetts Supreme Judicial Court · 1965
  4. Commonwealth v. CapalboMassachusetts Supreme Judicial Court · 1941
  5. Peirson v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1906

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