People ex rel. Millington v. Kaiser
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 6th day of December, 1912, directed to Harry M. Kaiser, agent and warden of Clinton Prison, commanding him to certify and return to the office of the clerk of the county of Clinton all and singular his proceedings had in the matter of the removal and dismissal of the relator from the position of guard at Clinton Prison.
1Opinion of the Court
Woodward, J.:
The relator, an honorably discharged soldier of the United States, was, after a civil service examination, appointed to a *79position as guard at Clinton Prison on the 1st of September, 1908. On the 15th day of August, 1912, while in the discharge of his duties, and in charge of a gang of convicts, some of these convicts committed an assault upon one of their number. The essence of the charge against the relator is that he did not properly discharge his duties in reference to this assault, in that he did not exert himself promptly to prevent it, and that he did not make a detailed…
2Cases cited1 opinion
- People ex rel. Hodkinson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Silverstein v. MealeyAppellate Division of the Supreme Court of the State of New York · 1940