Parkhurst v. City of Everett

The trial court held that plaintiff’s second amended complaint did not state a cause of action. De fendants’ demurrer having been sustained, plaintiff appeals from a judgment dismissing his action with prejudice.

January 21, 1928, plaintiff became a member of the Everett fire department. After more than twenty-five years of service, he retired voluntarily on October 1, 1953. For more than one year preceding his retirement, he held the rank of assistant chief at a salary of $390 per month. At the time of retirement, plaintiff had not attained the age of fifty-five years. He has received a…