People ex rel. Donahue v. French
New York Supreme Court
Appeal from an order of the Erie Special Term, and also from a judgment entered thereon, directing that a writ of peremptory mmir damus issue to the defendant, as superintendent, etc., commanding him to reinstate the relator in his position as stoker of the steamer Alberger, owned by the city of Buffalo.
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Appeal from an order of the Erie Special Term, and also from a judgment entered thereon, directing that a writ of peremptory mmir damus issue to the defendant, as superintendent, etc., commanding him to reinstate the relator in his position as stoker of the steamer Alberger, owned by the city of Buffalo. The city of Buffalo, by the terms of the act of 1870 revising its charter (Laws 1870, chap. 519), has power to establish and maintain a fire department, to be under the supervision of an officer, to be termed a superintendent of fire, who shall be appointed by the mayor, by and with the…
1Opinion of the Court
Smith, J.:
The place held by the relator as a stoker or fireman on one of the steam engines belonging to the fire department of the city of Buffalo is not a public office, in the full sense of the word. The incumbent takes no official oath, and is not liable to indictment for official misconduct as such. He is an employe, not an officer. In Sullivan v. The Mayor (53 N. Y., 652; S. C., in full, 47 How., 491) the Court of Appeals held, that the janitor of a public building in the city of New York, appointed by official authority, is not a public officer, but an employe. But although the relator…
2Cases cited2 opinions
- The People v. . Metropolitan Police BoardNew York Court of Appeals · 1859
- People ex rel. Gorman v. Board of Police of the Metropolitan Police DistrictNew York Supreme Court · 1861