42 Iowa 522 | Iowa | 1876
I. Evidence was introduced tending to show that plaintiff was discharged, and the contract terminated by the board of directors of the district upon charges brought against him by the sub-director who had executed the contract. The fact of his discharge, and the grounds upon -which such action was had, were shown by the evidence. Thereupon the court instructed the jury in the following language:
“ 3. You are then to inquire whether a complaint was made against the plaintiff to the board of directors after the contract was entered into, charging that he was not a proper person to teach said school, and whether said board proceeded to fully and fairly investigate said charge at a meeting of said board, at which the teacher was present and had a full and fair opportunity to make his defense. If there was such complaint and such investigation, and in said.investigation it is made to appear to said board by the evidence then before it, when fully and fairly and honestly considered, that plaintiff was not a proper person to be employed in said school, and said board then, for that reason, terminated said contract, then the plaintiff cannot recover in this action.
“4. The burthen of proving the facts, which you have been told will justify said board in terminating said contract, is on the defendant. That is, it must have established by the evidence, not only that it, the board of directors, terminated said contract, but that at the time of such action it was made to appear to said board that plaintiff was not a proper person to be employed in said school, by evidence, which, when fairly considered, established that fact and that defendant then had a fair opportunity to defend himself against such charge. If it has proven these facts your verdict should be for the defendant. But if it has failed to establish these facts and you find that plaintiff had obtained a certificate of his qualification to teach and was ready to perform his part of the contract, you shall find for the plaintiff.”
The action of the board of directors in discharging the plaintiff was had under -Code, § 1734, which contains the following provision-: “ In case a teacher, employed in any of the schools of the district township, is found"to be incompe-'
The record of the proceedings of the district school board was introduced in evidence by defendant and showed that, at a meeting duly held, after hearing from both sides, the plaintiff was discharged on the ground of charges brought against him by the sub-director who signed the contract with him. It was further shown that plaintiff was present at the meeting.
It will bo seen that, in the case before us, the burden rested upon plaintiff to show that the action of the school board was irregular or invalid, not upon defendant to sustain, in the first instance, the correctness of the order dismissing plaintiff.
The fourth instruction, in this view of the case, was erroneous.
Reversed.