People ex rel. Thornton v. Board of Public Parks
New York Court of Common Pleas
Appeal from special term. Application for writ of mandamus at the relation of Thomas Thornton against the board of public parks, requiring relator’s reinstatement as an honorably discharged Union soldier in his place of park laborer. From an order granting the writ, defendant appeals.
1Opinion of the Court
Daly, O. J.
The finding of the trial judge that the relator, Thornton, had capacity to discharge the duties of a laborer in the parks, was amply sustained by the evidence. He had been employed in the department of parks for seven years, down to December 30,1890, when he was discharged. Mr. Parsons, the superintendent of parks, testified that he was capable of doing his work; and Mr. Huss, the foreman of the department, testified, in effect, that Thornton could work as good as any, when he was watched, although he was reported at other times to go as slowly as he possibly could. There was…
2Cases cited1 opinion
- People ex rel. O'Connor v. AdamsNew York Supreme Court · 1889
3Cited by1 opinion
- Ransom v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907