Winch v. City of Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 136, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1917, No. 3447, directing a verdict for defendant in case of Carl Winch v. City of Philadelphia. Assumpsit to recover salary alleged to be due. Before Davis, J. The court gave binding instructions for defendant. The court overruled plaintiff’s motion for a new trial and for judgment non obstante veredicto. Plaintiff ap pealed.
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Appeal, No. 136, Jan. T., 1919, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., Dec. T., 1917, No. 3447, directing a verdict for defendant in case of Carl Winch v. City of Philadelphia. Assumpsit to recover salary alleged to be due. Before Davis, J. The court gave binding instructions for defendant. The court overruled plaintiff’s motion for a new trial and for judgment non obstante veredicto. Plaintiff ap pealed. Errors assigned were answers to requests for instructions and refusal of plaintiff’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The plaintiff was an employee in the fire department of the City of Philadelphia, having been appointed to the *8position of fireman in November, 1911. In May, 1913, certain charges having been preferred against him he was tried by the firemen’s court of trial, was found guilty, and was thereupon discharged from the service. No appeal was ever taken from the action of the court of trials and the plaintiff thereupon ceased to have further connection with the department. A subsequent court, whether composed of the same or different triers does not appear, was…
2Cases cited1 opinion
- Holmes v. Union Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by3 opinions
- Harcher v. HurleySupreme Court of New Jersey · 1935
- Kohn v. PhiladelphiaSuperior Court of Pennsylvania · 1944
- Callahan v. PhiladelphiaSupreme Court of Pennsylvania · 1933