Koester v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 51, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 2,974, on verdict for plaintiff in case of Frederick W. Koester v. City of Philadelphia. Assumpsit to recover salary alleged to be due plaintiff as lieutenant of police.
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Appeal, No. 51, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1907, No. 2,974, on verdict for plaintiff in case of Frederick W. Koester v. City of Philadelphia. Assumpsit to recover salary alleged to be due plaintiff as lieutenant of police. At the trial the jury returned a verdict for plaintiff for $705.02. On a rule for judgment n. o. v. Brégy, P. J., filed the following opinion: This is the question involved: Is a policeman in a city of the first elass, who has been suspended by the director of public safety pending trial and who has been found “guilty,”…
1Opinion of the Court
Opinion by
Beaver, J.,
The right of the plaintiff to recover his pay for services as a policeman during a period of suspension from duty, *115while the finding of a court which tried him was in the hands of the mayor for approval, without which he could not legally be discharged, is to be determined entirely by the interpretation of what is popularly known as the Bullitt bill, passed June 1, 1885, P. L. 37.
There are a number of assignments of error which, whilst they might bear some discussion, would carry us far afield along lines which are not strictly pertinent to the real question involved.
The…
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