McCabe v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Thomas J. McCabe against the city of New York. Judgment for plaintiff, and defendant appeals. Reversed.
1Opinion of the CourtHatch, J.
In its general features this case is brought within the decision in Benjamin v. City of New York (Sup.) 78 N. Y. Supp. 1067, where the judgment was reversed. The principles of law therein enunciated are controlling of the rights of the plaintiff in the present action. In addition to this, it is disclosed by the present record, without dispute, that by rule 27 of the building department, to which the plaintiff was subject, it was required that all employés of such department should perform such other duties, not therein specially prescribed for them, as the interest of the departmental service…
2Cases cited2 opinions
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- Benjamin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- State v. StockwellNorth Dakota Supreme Court · 1911
- Morgan v. . City of New YorkNew York Court of Appeals · 1907
- Morgan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905