People ex rel. Seib v. Redfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Jacob Seib, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20tli day of April, 1903, denying his application for a writ of mandamus for reinstatement as an employee in the department of highways in the borough of Brooklyn.
1Opinion of the Court
Hirschberkg, J. :
We think the order denying the relator’s application was proper, if for no other reason, because his relations with the municipal department were for services beyond his personal employment. His *368engagement, as conceded by his counsel upon the oral argument, was to furnish a horse and wagon to the city and to drive the- same for the sum of three dollars and seventy-ñve cents per day. It was within the province of those in charge of the department to terminate such a contract at any time in accordance with its terms. The relator’s application for reinstatement is based upon…
2Cited by4 opinions
- Corwin v. FarrellNew York Court of Appeals · 1951
- Beck v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1945
- Bracker v. WeldgenNew York Supreme Court · 1922
- Varacchi v. State UniversityNew York Supreme Court · 1970