Legal Opinion

City of Wilkes-Barre v. Meyers

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 5 opinions

Error to the Court of Common Pleas of Luzerne county: Of January Term 1886, No. 888. This was an appeal from the judgment of an alderman of the city of Wilkes-Barre bjr the city of Wilkes-Barre, in a case in which Frederick Meyers was plaintiff and the city of Wilkes-Barre was defendant. The facts of the case as they appeared on the trial before Woodward, J. sufficiently appear in the opinion of the Supreme Court.

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Error to the Court of Common Pleas of Luzerne county: Of January Term 1886, No. 888. This was an appeal from the judgment of an alderman of the city of Wilkes-Barre bjr the city of Wilkes-Barre, in a case in which Frederick Meyers was plaintiff and the city of Wilkes-Barre was defendant. The facts of the case as they appeared on the trial before Woodward, J. sufficiently appear in the opinion of the Supreme Court. The Court instructed the jury, inter alia, as follows : The policemen of the city are salaried officers; they are appointed in a formal manner by the city conucil, acting under the…

1Opinion of the CourtJustice Trunkey

The plaintiff was appointed a police officer in 1881, and removed in April, 1884. Because of sickness he quit duty before the end of October, 1883, and performed no service during the next five months. In April, 1884, he served one week and was then removed. This action is to recover compensation for the five months during which he rendered no service.

In the city of Wilkes-Barre the compensation of policemen is fixed by resolution of council, and in 1853 was sixty dollars per month, payable monthly. An ordinance provides that “Any patrolman absent from duty without leave shall forfeit all pay…

2Cases cited1 opinion

  1. O'Leary v. . Board of Education of City of N.Y.New York Court of Appeals · 1883

3Cited by5 opinions

  1. Gottschall v. CampbellSupreme Court of Pennsylvania · 1912
  2. White v. West Norriton TownshipSuperior Court of Pennsylvania · 1945
  3. Commonwealth v. BrickerSupreme Court of Pennsylvania · 1962
  4. Commonwealth v. BriggsPhiladelphia County Court of Quarter Sessions · 1938
  5. Commonwealth v. LichterWashington County Court of Quarter Sessions · 1922

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