116 Mass. 365 | Mass. | 1874
For the disobedience of a regulation established to prevent tardiness, the plaintiff was suspended from a public school until she should conform to the rule. This action is brought under the statute which declares that “ a child unlawfully excluded from any public school shall recover damages therefor in an action of tort, to be brought in the name of such child by his guardian or next friend against the city or town by which such school is supported.” Gen. Sts. c. 41, § 11.
The exclusion which the plaintiff complains of in this case was by the school teacher, acting under the direction of one member of the school committee. It is contended to have been rmlawful
Upon the case here presented, we cannot see that there was not a reasonable exercise on the part of the teacher of the power necessary to punish disobedience and promote the proper government and discipline of the school. And the power so exercised in this instance was in no way impaired or diminished by the fact that the teacher acted, under the direction of one member of the committee, according to a rule made by him, but expressly approved of by each of the other members. Sherman v. Charlestown, 8 Cush. 160. Spiller v. Woburn, 12 Allen, 127.
Exceptions overruled.