If there were no legal duty upon the parent or guardian of a child to send him to school, it might be contended that in so doing he was merely a volunteer and he would have no rights over as against the school board. Here there was that duty on the plaintiff and having performed the duty imposed upon him and also upon the board, I am of the opinion that he is entitled to recover. This feature is discussed in the case of Ridings v. Elmhurst S.D. (No. 2) 1927 CanLII 209 (SK CA), [1927] 2 WWR 159, at 164, McKay, J.A. with whom my Lord the Chief Justice concurred.
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