Gott v. Berea College, et al.
COURT OF APPEALS OF KENTUCKY
156 Ky. 376; 161 S.W. 204; 1913 Ky. LEXIS 441
December 11, 1913, Decided
PRIOR HISTORY: [***1] Appeal from Madison Circuit Court.
DISPOSITION: Judgment affirmed.
HEADNOTES: 1. Schools--Rule Forbidding Students Entering Public Eating Houses.--A rule forbidding students entering public eating houses is a reasonable one and within the power of the college authorities to enact.
2. Damages--Performance of Lawful Act in Lawful Manner.--When a lawful act is performed in the proper manner, the party performing it is not liable for mere incidental consequences injuriously resulting from it to another.
3. Schools--Regulations College Authorities May Make.--College authorities standin loco parentis concerning the physical and moral welfare and mental training of the pupils, and they may make any rule or regulation for the government or betterment of their pupils that a parent could for the same purpose.
4. Schools--May Prescribe Requirements for Admission of Students.--A college or university may prescribe requirements for admission and rules for the conduct ofits students, and one who enters as a student impliedly agrees to conform tosuch rules of government.
COUNSEL: J. A. SULLIVAN, S. MAYNOR WALLACE and JOHN NOLAND for appellant.
BURNAM & BURNAM for appellee.
JUDGES: JUDGE NUNN.
[*376] [**205] OPINION OF THE COURT BY JUDGE NUNN--Affirming.
The appellant, J. S. Gott, about the first of September, 1911, purchased and was conducting a restaurant in Berea, Kentucky, across the street from the premises of Berea College. A restaurant had been conducted in this same place for quite a long while by the party from [*377] whom Gott purchased. For many years it has been the practice of the governing authorities of Berea College to distribute among the students at the beginning of each scholastic year a pamphlet entitled "Students'...