Deskins v. Gose
Supreme Court of Missouri
Appeal from Grundy Circuit Court.—Hon. G. D. Bub- . gess, Judge. (1) It is the duty of the school board to make all needful rules for the government of the pupils (E. S., ■sec. 7045); but if it fails to do so, the teacher has the right, and must, of necessity, make such rules. Darien-Tioffer v. State, 35 Am. Eep. 216, 219. (2) The rule of the teacher against profane swearing and fighting by pupils, either at school or on their way home, was reasonable and proper.
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Appeal from Grundy Circuit Court.—Hon. G. D. Bub- . gess, Judge. (1) It is the duty of the school board to make all needful rules for the government of the pupils (E. S., ■sec. 7045); but if it fails to do so, the teacher has the right, and must, of necessity, make such rules. Darien-Tioffer v. State, 35 Am. Eep. 216, 219. (2) The rule of the teacher against profane swearing and fighting by pupils, either at school or on their way home, was reasonable and proper. Biordiclc v. Babcock, 31 Iowa 565; King v. Jefferson City School Board, 71 Mo. 628; Seioall v. Board of Education, 29 Ohio St. 89.…
1Opinion of the CourtNorton, J.
This suit was brought to recover damages for alleged injuries inflicted by defendant on plaintiff in whipping him with a switch. The answer of defendant sets up that he was a teacher of a public school; that plaintiff was "one of the pupils of said school, and that for a violation by plaintiff of a rule of the school, in using profane language, quarreling and fighting with the other scholars of the school, he did, in order to preserve good order and discipline in the school and to promote its usefulness, chastise plaintiff with a switch, inflicting upon him reasonable and moderate punishment.…
2Cases cited3 opinions
- Dritt v. SnodgrassSupreme Court of Missouri · 1877
- Burdick v. BabcockSupreme Court of Iowa · 1871
- King v. Jefferson City School BoardSupreme Court of Missouri · 1880
3Cited by18 opinions
- King v. PriestSupreme Court of Missouri · 1947
- Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
- Mahanoy Area School Dist. v. B. L.Supreme Court of the United States · 2021
- Board of Education v. PurseSupreme Court of Georgia · 1897
- State ex rel. O'Bannon v. ColeSupreme Court of Missouri · 1909
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