164 Mass. 430 | Mass. | 1895
This is an action brought by the plaintiff under St. 1891, c. 263, to recover of the defendant money paid by her intestate to the town of Great Barrington for tuition for his daughter in its high school after March 22, 1892, when the school committee of the defendant town passed a vote withdraw
The plaintiff contends that the school committee, having once given its approval, could not withdraw it except for misconduct on the part of the pupil, and that the daughter of the intestate was entitled to pursue the studies on which she had entered until her graduation in due course, which it is said in the plaintiff’s brief would have been in June, 1895. She further contends that, if this is not so, the defendant is liable for the amount paid for tuition for the term on which the daughter had entered at the time when her intestate first learned of the action of the school committee, or at least that it is liable for the amount paid down to such time.
The object of the statute appears to be to provide a way in which a child living in a town which is not obliged to maintain, and which presumably does not maintain, a high school, may attend one in a neighboring city or town at the expense of the town where he resides, and it seems to be an extension of Pub. Sts. c. 47, §§ 6, 8. There is nothing in the act of 1891 or in the substituted act of 1894, c. 436, which obliges a town that is not required by law to maintain a high school to provide for the attendance of children living in it at a high school in another city or town, or which obliges any city or town to receive into its high school upon the payment of reasonable tuition children living in a town where there is no high school. There is no such provision elseAvhere. Cities and towns are bound to furnish Avithin their respective limits “ schools for the instruction of all the children who may legally attend public school therein,” (Pub. Sts. c. 44, § 1,) but they are not obliged to provide for the attendance of such children at schools elsewhere. In certain cases two adjacent towns, or two or more contiguous districts in adjoining towns, may unite and maintain a school for the common benefit of children in said towns or districts, or children living remote from any public school in the town Avhere they reside may be allowed to attend school in an adjoining town under such regulations and on such terms as the school committees of said towns agree upon, or they may, with the consent of the school committee, attend schools in towns or cities other
When, in case of the withdrawal of the approval, the withdrawal should take effect, and when and to whom notice of it should be given, are matters in regard to which there is no provision either in St. 1891 or in that of 1894. In the present case notice was given, immediately by the school committee of Egremont to that of Great Barrington; but no notice was given to the plaintiff’s intestate till a few weeks later, and, as we infer,
The agreed facts are somewhat ambiguous as to the disposition to be made of the case. But we construe them as meaning that, if the plaintiff is entitled to recover at all, though for a less amount than that found due by the court, she is to have judgment accordingly.
The finding of the court, which was for the whole amount claimed, will, therefore, be set aside, and the case stand for hearing on the question of damages to ascertain the amount due according to the rule above stated, and when duly found judgment will be entered therefor.