Garratt v. Philadelphia

Opinion by

Mr. Justice Bell,

The Award Committee denied an award to the plaintiff, who is the widow; óf a City fireman who (under the pleadings) was admittedly, killed on March 19, 1955, while fighting a fire. The lower Court sustained preliminary objections in the nature of a demurrer and dismissed a complaint in mandamus to compel the Award Committee to make the award, on the ground that under the City Ordinance dated December 29, 1954 * (1) the death which occurred must have occurred while fighting a fire, and (2) must have resulted from an heroic deed which involved a special hazard or…