McCoach v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 117, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1576, for petitioner, in case tried by the court without a jury, in suit of David McCoach v. City of Philadelphia, J. Hampton Moore, Mayor, and James T. Cortelyou, Director of Public Safety. Petition for mandamus. Before Rogers, J. The opinion of the Supreme Court states the facts. Petition granted: 30 Pa. Dist. R. 597. Defendants appealed.
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Appeal, No. 117, Jan. T., 1922, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., 1920, No. 1576, for petitioner, in case tried by the court without a jury, in suit of David McCoach v. City of Philadelphia, J. Hampton Moore, Mayor, and James T. Cortelyou, Director of Public Safety. Petition for mandamus. Before Rogers, J. The opinion of the Supreme Court states the facts. Petition granted: 30 Pa. Dist. R. 597. Defendants appealed. Error assignedinter alia, was order, quoting record.
1Dissent
Dissenting Opinion by
Mr. Justice Kephart:
By the opinion of the majority of this court, any officer in the police force may be demoted without trial, without reason given or cause shown, merely on the order of the director of public safety. This, notwithstanding the fact that the City Charter Act was designed to frustrate this very purpose.
Even prior to that act, before a demotion could take place, an officer had the right to trial before a “board” composed of three persons, and the city charter, to further protect civil service employees, enlarged the power *323of that commission as a…
2Cases cited8 opinions
- Truitt v. PhiladelphiaSupreme Court of Pennsylvania · 1908
- Lefevre v. BelsterlingTexas Supreme Court · 1911
- Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919
- Rush v. PhiladelphiaSuperior Court of Pennsylvania · 1916
- People ex rel. Callahan v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1903
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