People ex rel. Walters v. Lewis
Appellate Division of the Supreme Court of the State of New York
Certiorari issued- out of the Supreme Court and attested on the 15th day of September, .1904, directed to Edson" Lewis, commanding him, as police commissioner of the city of Mount-Vernon, to-certify and return to the office of the clerk of the county of Westchester all and singular his proceedings'liad in relation to the removal of the. relator from the police force óf the city of Mount Vernon.,
1Opinion of the Court
Gaynor, J.:
The evidence against the petitioner that he neglected during the night to report by telephone to the station house from the places established on liis beat for that purpose was not disputed, and that, he returned to the station house drunk the next morning is scarcely questioned. His dismissal was, therefore, an act of" duty, unless his excuse was a good one, for such men have no businéss on a police force." '
The testimony of the petitioner is that he had been afflicted for two years or more with interstitial nephritis, and its accompanying heart pains, and that he-had frequent…
2Cases cited3 opinions
- People v. . CaseyNew York Court of Appeals · 1878
- People v. . DorthyNew York Court of Appeals · 1898
- People Ex Rel. Clarke v. . RooseveltNew York Court of Appeals · 1901