Norton v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Contract against the town of Brookline for $61.25 alleged to be due the plaintiff for services as a member of the fire department of that town during one week from February 5 to February 12, 1900, and two weeks from August 20 to September 3, 1900. Writ in the Municipal Court of Brookline dated July 2, 1901. On appeal to the Superior Court the case was heard on the following agreed facts: Before February 5,1900, complaint having been made against the plaintiff for leaving his…
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Contract against the town of Brookline for $61.25 alleged to be due the plaintiff for services as a member of the fire department of that town during one week from February 5 to February 12, 1900, and two weeks from August 20 to September 3, 1900. Writ in the Municipal Court of Brookline dated July 2, 1901. On appeal to the Superior Court the case was heard on the following agreed facts: Before February 5,1900, complaint having been made against the plaintiff for leaving his horses while in the discharge of his duty, and attempting to assault a motorman, a hearing was given by the fire…
1Opinion of the CourtHolmes, C. J.
This is an action by a former member of the fire department to recover pay stopped by the fire commissioner for misconduct. It was submitted to the Superior Court on-agreed facts, and judgment was rendered for the defendant. The plaintiff appeals. The single ground of the action is that' the stoppage of pay was a fine and of greater amount than the fire commissioner wras authorized to impose. St. 1899, c. 135. Pub. Sts. c. 35, §§ 32, 36; c. 27, § 15. Tyng v. Boston, 133 Mass. 372.
The plaintiff was employed on an indefinite contract, subject," it is agreed, to discharge at any time for cause…
2Cases cited11 opinions
- Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Lamson v. American Axe & Tool Co.Massachusetts Supreme Judicial Court · 1900
- Bohn Manufacturing Co. v. SawyerMassachusetts Supreme Judicial Court · 1897
- McCarthy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Long v. ForbesWyoming Supreme Court · 1943
- Paul C. Gebhard v. Royce Aluminum CorporationCourt of Appeals for the First Circuit · 1961
- Souther v. City of GloucesterMassachusetts Supreme Judicial Court · 1905
8 more not listed; retrieve them via the Exa API.