# Cochran v. Trussler

> West Virginia Supreme Court · September 27, 1955 · 141 W. Va. 130

URL: https://www.frixlaw.com/law-library/cases/9560124

## Case

- **Full name:** Mildred Cochran v. Brown Trussler, County Superintendent of Upshur County Schools
- **Court:** West Virginia Supreme Court
- **Decided:** September 27, 1955
- **Citations:** 141 W. Va. 130; 89 S.E.2d 306; 1955 W. Va. LEXIS 32
- **Precedential status:** Published
- **Opinion:** Concurrence by Given
- **Judges:** Browning, Lovins, Given
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9560124

## Opinion text

Given, Judge,
concurring:
I concur in the decision of the Court for the reason that the record clearly discloses that the county superintendent, in refusing to nominate petitioner, was not arbitrary or capricious. Had the record clearly and certainly established arbitrary or capricious action on the part of the county superintendent in refusing to nominate petitioner after a clear showing that she had satisfactorily completed her three years probationary teaching, I believe the petition herein should have been treated as praying for a writ requiring the county superintendent to nominate petitioner and a writ moulded accordingly. That, it seems to me, would be the clear legal duty of the county superintendent. I can not believe that the intention of the Legislature was to require three years probationary teaching as a prerequisite to a continuing contract, with all that means to a beginning teacher, and permit the denying of the continuing contract by the county superintendent because of some personal, political, religious or other immaterial or illegal reason.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560124. Public record. Not legal advice.