Commonwealth ex rel. v. Benton Township School Dist.
Supreme Court of Pennsylvania
Appeal, No. 251, Jan. T., 1923, by defendant, from order of C. P. Lackawanna Co., Jan. T., 1923, No. 9, awarding peremptory mandamus, in case of Commonwealth ex rel. James E. Rodney y. Benton Township School District. Petition for writ of peremptory mandamus. Before Newcomb, J. The opinion of the Supreme Court states the facts. Writ awarded. Defendant appealed. Motion to quash appeal. Error assigned was order, quoting record.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The Benton Township School District appeals from a judgment of the court below awarding a writ of peremptory mandamus, requiring it to furnish free transportation to relator’s children, between the end of the private lane leading to his residence and the West Benton school, which they attend.
The facts in the case are not in dispute. Relator resides on a public road, about half a mile distant from a building, formerly occupied as the Franklin school; which is, in turn, one and nine-tenths miles from the West Benton school, where his children are pupils. The school…
2Cases cited4 opinions
- Donohugh v. Library Co.Supreme Court of Pennsylvania · 1878
- Phila. v. Masonic HomeSupreme Court of Pennsylvania · 1894
- Vulcanite Paving Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1913
- Orth & Bro. v. Board of EducationSupreme Court of Pennsylvania · 1922
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- Starke v. HorakSupreme Court of Iowa · 1977
- Philadelphia v. United States Housing Corp.Supreme Court of Pennsylvania · 1924
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