75 A. 431 | N.H. | 1910
Whether the plaintiff acquiesced in the termination of her employment and waived further compensation is a question of fact concluded by the verdict. Under the law prior to the abandonment of the district system, abolished by the law of 1885 (c. 43), it was the official duty of the prudential committee of the district to select and hire teachers and to provide them board. School District v. Currier,
But the school board are trustees — not agents — of the district, and districts are not liable on contracts made by them for the wages of teachers. Wheeler v. Alton,
The verdict for the plaintiff is based upon her dismissal without a hearing. As the school board acted in good faith and for the good of the school in making the requirement as to the teacher's boarding-place, it could be inferred that they understood that this requirement was a regulation which, under the statute upon the subject quoted or by force of some other provision of law, they had power to prescribe, and that they dismissed the plaintiff for *413 failure to conform thereto. Upon a hearing before the board, the plaintiff would have been entitled to be heard upon the power of the board to make the regulation and whether it had been prescribed so as to be binding upon her, as well as upon its reasonableness under the then existing circumstances, or the fact of her conformity thereto. This appears to have been the view of the facts taken by the superior court. As the inference may have been drawn, it must be assumed that the fact was so found if such finding is necessary to support the verdict. The verdict is therefore sustained by the fact that the plaintiff did not fail to conform to all valid regulations prescribed, as well as by the absence of the required hearing.
Exception overruled.
All concurred.