Commonwealth ex rel. v. Benton Township School Dist.

Citations

• 277 Pa. 13
• 120 A. 661
• 1923 Pa. LEXIS 354

Syllabus

<p>School law — Conveyance of children — Act of May 20,1921, P. L. 1088.</p> <p>1. Under section 1408 of the School Code, as amended by the Act of May 20, 1921, P. L; 1038, 1041, a school district may provide a private school conveyance to carry children to and from the school which they attend.</p> <p>2. If a private school conveyance is provided, it is sufficient if the children are carried between an appropriate shelter properly located, and the school they attend.</p> <p>3. The carriage of children by private school conveyances is public transportation, although they are used only by such children.</p> <p>Contracts — Construction—General words — Fjusdem generis— Surplusage.</p> <p>4. Tbe ejusdem generis doctrine applies only to tbe general words in a writing,, wbicb follow others specifically enumerated.</p> <p>5. In construing a contract or statute no words are to be treated as surplusage unless this is necessary in order to reach a reasonable conclusion as to its meaning.</p> <p>Appeals — Moot question — Future conduct of litigant.</p> <p>6. An order or decree which relates to the future conduct of a litigant cannot be held to raise only a moot question, because, pending the appeal, the defendant is complying with it.</p>