People Ex Rel. Hart v. Board of Fire Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term wliich reversed, upon common-law oertiora/ri, the proceedings and decision of the board of fire commissioners of the city of Hew York, removing the relator from the position of fireman in the fire departmeiít of said city. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term wliich reversed, upon common-law oertiora/ri, the proceedings and decision of the board of fire commissioners of the city of Hew York, removing the relator from the position of fireman in the fire departmeiít of said city. The facts appear sufficiently in the opinion. The fire commissioners had jurisdiction to make the order dismissing the relator, and in then" proceedings have complied with every condition prescribed by the statutes which define their powers. (Laws…
1Opinion of the CourtAndrews, J.
The relator was charged by the foreman of the company, of which he was a member, of having been “ under the influence of liquor ” at the truck house of the company, at a time specified. He was notified of the charge and appeared before the commissioners, at a time appointed for its examination, and pleaded guilty. He then desired to make a statement on his own behalf, and having been sworn, testified, in substance, that on the morning of the occurrence in question he had a chill and pains1 in his back and went home to breakfast, and before eating any thing drank a glass of brandy and was…
2Cases cited2 opinions
- People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
3Cited by26 opinions
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
- Dwen v. BarryCourt of Appeals for the Second Circuit · 1973
- Dwen v. BarryCourt of Appeals for the Second Circuit · 1973
- Fronsdahl v. Civil Service CommissionSupreme Court of Iowa · 1920
- Kavanaugh v. PaullSupreme Court of Rhode Island · 1935
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