Sims v. Police Commissioner
Massachusetts Supreme Judicial Court
Petition, filed on May 14 and amended on May 22, 1906, for a writ of mandamus addressed to Charles H. Cole, Jr., Harry F. Adams and W. H. H. Emmons, the board of police commissioners for the city of Boston, to compel the reinstatement of the petitioner as the janitor of police station No. 5 in Boston, from which employment he was removed on April 15, 1904, the petitioner by his amendment being alleged to be a veteran of the civil war within the meaning of R. L. c. 19, § 20.…
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Petition, filed on May 14 and amended on May 22, 1906, for a writ of mandamus addressed to Charles H. Cole, Jr., Harry F. Adams and W. H. H. Emmons, the board of police commissioners for the city of Boston, to compel the reinstatement of the petitioner as the janitor of police station No. 5 in Boston, from which employment he was removed on April 15, 1904, the petitioner by his amendment being alleged to be a veteran of the civil war within the meaning of R. L. c. 19, § 20. The respondents alleged in answer to the petitioner’s amendment that the petitioner before July 1, 1905, was not…
1Opinion of the CourtSheldon, J.
The petitioner was in no sense a police officer. The ordinary duties of a janitor at a police station are in no respect similar to those of a police officer. He was not a member of the police department. His appointment does not come within the provisions of St. 1878, c. 244, § 3 ; and the limitation imposed upon the power of removal of the officers or members of the police department was not created for his benefit, and is not available for his protection. The doctrine of Ham v. Boston Board of Police, 142 Mass. 90, cannot be applied in this case. The St. of 1885, c. 328, contains nothing to…
2Cases cited6 opinions
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Ham v. Board of PoliceMassachusetts Supreme Judicial Court · 1886
- Ayers v. HatchMassachusetts Supreme Judicial Court · 1900
- Phillips v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Attorney General v. DonahueMassachusetts Supreme Judicial Court · 1897
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3Cited by6 opinions
- Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
- Commonwealth v. DoweMassachusetts Supreme Judicial Court · 1943
- Attorney General v. BrissendenMassachusetts Supreme Judicial Court · 1930
- Sullivan v. LawsonMassachusetts Supreme Judicial Court · 1929
- Canty v. City Council of LawrenceMassachusetts Supreme Judicial Court · 1931
1 more not listed; retrieve them via the Exa API.