French v. Rishell

Plaintiff, the widow of a captain in the Oakland Fire Department, sought to compel the city of Oakland and its Board of Trustees of the Firemen’s Relief and Pension Fund to pay her a pension pursuant to provisions of the city charter. A writ of mandate was granted on her motion for summary judgment on the pleadings, and defendants have appealed.

In a prior proceeding before the Industrial Accident Commission plaintiff asserted that her husband’s death resulted from a heart attack, and the commission in making its award found that his death proximately resulted from an injury occurring in the…