City of Cleveland v. Luttner

The question involved in this case is whether a discharged employe, who has been afterwards reinstated, can recover his salary from the city when he performed no service for the city during the time of his discharge, and where the city had employed another to take the place of the *496discharged employe and paid his successor the salary for such services. Stated in another form, can the city be compelled to pay twice for the same services under the circumstances related ? .

'The rule in this behalf is stated by Judge Dillon in his-Municipal Corporations (5 ed.), volume 1, section 429, as follows:

“F…