
    No. 719
    JONES v. BOARD OF EDUCATION
    Ohio Appeals, Van Wert County
    Nos. 90 and 91.
    July 5, 1923
    Tl-is opinion has not been published except in Abstract;.
    328. SCHOOLS.
    Board! of Education — No liability of to parent for cost of transporting pupils out of district, to a high school — Mandamus the remedy.
   HUGHES, J.

Epitomized Opinion

Each case was a suit by a father to recover the cost of transportion his children to a high school outside theilr ’school distficA because defendant Board had failed to provide work in high school branches within four miles of their residence, in accordance with 7764-1 GC., and had failed to furnish transportation to a High school. In the Common Pleas demurrers to the petitions were sustained. Plaintiffs brought error to the Appeals Court. Held:

Nothing in the Code authorizes the parent of a pupil to provide school facilities for his children and charge it to the local board, of education. The theory of plaintiffs’ recovery must be implied a contract. Plaintiffs had a remedy in mandamus to compel the Board to provide work as required by 7764-1' GC. The demurrers were properly sustained. No error.

.Attorneys — Clark Good, for plaintiffs; Carl P. Dunifon and S. E. Walters, for Board.  