Doody v. Davie

Petitioner is a member of the Oakland fire department and the defendants are members of the city council which passed a resolution refusing to pay petitioner’s claim for salary during a period when he was incapacitated from performing his duties as a member of the fire department by reason of a sore foot, which condition was brought about by stepping on a nail while in the yard of his home on July 12, 1922, which was his “day off.”

A demurrer to the complaint was overruled and defendants answered. Upon motion of petitioner, judgment was entered upon the pleadings, from which judgment…