Gray v. McKeesport City

Opinion by

Cunningham, J.,

James H. Gray, plaintiff below and appellee herein, was a lieutenant on the police force of the City of McKeesport. He was suspended from duty and later reinstated. Not having received his pay for the period of suspension, he brought suit in assumpsit. The trial judge affirmed his point for binding instructions and directed a verdict for the sum withheld, less three hundred dollars earned in another occupation. The court below, in banc, denied the city’s motion for judgment n. o. v., deducted appellee’s salary for the first month of his suspension, and entered a…