Fitzsimmons v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made Hay 1, 1884, which affirmed a judgment in favor of nlaintifí, entered upon a verdict directed by the court. This action was brought to recover a balance alleged to be due plaintiff for salary as a member of the police force of the city of Brooklyn. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made Hay 1, 1884, which affirmed a judgment in favor of nlaintifí, entered upon a verdict directed by the court. This action was brought to recover a balance alleged to be due plaintiff for salary as a member of the police force of the city of Brooklyn. The material facts are stated in the opinion. If plaintiff is entitled to recover the amount of his salary from the date of his removal until he was reinstated, such sum should be reduced by the amount earned by him during that period. (People, ex…
1Opinion of the CourtFinch, J.
This case presents the question whether an officer entitled by law to a fixed annual salary, but prevented for a time by no fault of his own from performing the duties of his office, and earning during that time the wages of another and different employment, must deduct them from his recovery when he sues for his unpaid salary. It is quite .true that the question is not raised by the pleadings, but no objection was interposed on that account. The necessary facts were proved or admitted, and upon them the question was presented to and decided by the trial court and an exception taken to that…
2Cited by93 opinions
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- City of San Antonio v. MicklejohnTexas Supreme Court · 1895
- McKenna v. Commissioner of Mental HealthMassachusetts Supreme Judicial Court · 1964
- City of Chicago v. LuthardtIllinois Supreme Court · 1901
- Gentry v. HarrisonSupreme Court of Arkansas · 1937
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