Alsberge v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles E. Alsberge, from 'so much of a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Kings on the 3d day of March, 1902, upon the decision of the court rendered after a trial' before the court without a jury at the Kings County Trial Term, as. adjudges that the plaintiff is entitled to recover for damages the sum of twenty-one dollars and seventy-eight cents only, instead of the amount…
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Appeal by the plaintiff, Charles E. Alsberge, from 'so much of a judgment of the Supreme Court in favor of the plaintiff entered in the office of the clerk of the county of Kings on the 3d day of March, 1902, upon the decision of the court rendered after a trial' before the court without a jury at the Kings County Trial Term, as. adjudges that the plaintiff is entitled to recover for damages the sum of twenty-one dollars and seventy-eight cents only, instead of the amount referred to in the plaintiff’s request to find.
1Opinion of the Court
Hirschberg, J.:
The case as presented contains no evidence. In the findings of fact made by the learned trial justice the following are included t At the time of the creation of the greater city of Yew York, January 1,1898, the plaintiff was and for some years had been a dock-*361master in the bureau of docks connected with the department of finance of the city of Brooklyn. In December, 1897, the officers named in section 1536 of the Greater Yew York charter (Laws of 1897, chap. 378), under the authority conferred by that section, lawfully determined that the plaintiff should be transferred and…
2Cases cited5 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- People Ex Rel. Percival v. . CramNew York Court of Appeals · 1900
- Quintard v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Graham v. . City of New YorkNew York Court of Appeals · 1901
- People ex rel. Percival v. CramAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Conlin v. Board of EducationNew York Supreme Court · 1904