Legal Opinion

Storm v. City of Scranton

Superior Court of Pennsylvania

Decided July 14, 1921No. Appeal, No. 17PublishedCited by 6 opinions

Appeal, No. 17, March T., 1921, by defendant, from judgment of C. P. Lackawanna County, June T., 1914, No. 133, for plaintiff in case tried by the court without a jury in suit of Harry W. Storm v. City of Scranton. Assumpsit to recover $400 salary as fireman. Before O’Neil, J., without a jury. The facts are stated in the opinion of the Superior Court. Preliminary decision for the defendant.

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Appeal, No. 17, March T., 1921, by defendant, from judgment of C. P. Lackawanna County, June T., 1914, No. 133, for plaintiff in case tried by the court without a jury in suit of Harry W. Storm v. City of Scranton. Assumpsit to recover $400 salary as fireman. Before O’Neil, J., without a jury. The facts are stated in the opinion of the Superior Court. Preliminary decision for the defendant. Upon exceptions the court, by Newcomb, J., entered judgment for the plaintiff in the sum of $547.20. Defendant appealed. Error assigned was in entering judgment for plaintiff. Reinstatement is a condition…

1Opinion of the Court

Opinion by

Porter, J.,

The plaintiff brought this action of assumpsit to recover salary alleged to be due him, as an employee of the fire department of the City of Scranton, for the months of January, February, March and April, 1914. The parties waived a jury trial and agreed that the cause be tried by the court, under and in accordance with the provisions of the Act of April 22, 1874, P. L. 109. The case was tried by one of the judges who, after a hearing, filed a preliminary decision finding in favor of the defendant. The plaintiff filed exceptions to the preliminary decision, in the manner…

2Cases cited2 opinions

  1. Jenkins v. ScrantonSupreme Court of Pennsylvania · 1903
  2. McDermott v. BlankSupreme Court of Pennsylvania · 1911

3Cited by6 opinions

  1. Mack v. HooverSupreme Court of Pennsylvania · 1941
  2. Com. Ex Rel. Lisk v. Davis, MayorSuperior Court of Pennsylvania · 1937
  3. Aufrecht v. Smoyer Brass Products, Inc., Pennsylvania Court of Common Pleas, Lehigh County1949
  4. Bolay v. PhiladelphiaPennylvania Municipal Court, Philadelphia County · 1931
  5. Humbertson v. City of Connellsville, Pennsylvania Court of Common Pleas, Fayette County1926

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