Custer v. School District of Prospect Park

Citations

• 12 Pa. Super. 102
• 1899 Pa. Super. LEXIS 217

Syllabus

<p>School board — Powers in dismissing teachers — Question for jury.</p> <p>Where the minutes of a school board do not disclose that the revocation of a teacher’s appointment was based upon a charge of incompetency, cruelty, negligence, or immorality, the question of the validity of a dismissal is the proper subject of inquiry by court and jury.</p> <p>Evidence — Admission of letter — Res gestee.</p> <p>The point at issue being whether a teacher, discharged by a school board, had after appointment deceitfully applied for another position pending her engagement, a letter is clearly admissible to show that the application antedated her appointment by defendants and her acceptance thereof, as rebutting allegations of deceit on part of plaintiff.</p> <p>Charge of court — Failure to give categorical answer to point — When not reversible error.</p> <p>The appellate court will not reverse for failure categorically to answer a point when the substance of the answer was responsive and as given could do the appellant no harm.</p>