Roth v. Marshall

Citations

• 158 Pa. 272
• 27 A. 945

Syllabus

<p>School laws — Equity—Discretion of directors as to location of schoolhouse — Injunction—Police powers.</p> <p>A court of equity has no jurisdiction to supervise and direct the exercise of the official discretion of a board of school directors in the location of a sehoolhouse, where such discretion has been exercised without fraud.</p> <p>Where a bill in equity to restrain the change of location of a schoolhouse avers that the new location is less salubrious than the old one because more exposed to the winds of winter, and the answer denies the averment, the court will refuse an injunction.</p> <p>It seems that it is more than doubtful whether the danger thus suggested was so obvious as to justify an exercise of the police powers in order to avert it, even if the facts were admitted to be as alleged.</p>