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Legal Opinion

Gallagher v. Blankenburg

Supreme Court of Pennsylvania

Decided March 8, 1915No. Appeal, No. 385PublishedCited by 9 opinions

Appeal, No. 385, Jan. T., 1914, by defendants, from decree of C. P. No. 2, Philadelphia Co., June T., 1914, No. 2592, awarding mandamus, in case of Hugh Gallagher v. Budolph Blankenburg, May- or; George D. Porter, Director of the Department of Public Safety; and Frank M. Biter, Peter Bolger and Lewis H. Van Dusen, Civil Service Commissioners, of the City of Philadelphia. Petition for mandamus. Before Dougherty, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 385, Jan. T., 1914, by defendants, from decree of C. P. No. 2, Philadelphia Co., June T., 1914, No. 2592, awarding mandamus, in case of Hugh Gallagher v. Budolph Blankenburg, May- or; George D. Porter, Director of the Department of Public Safety; and Frank M. Biter, Peter Bolger and Lewis H. Van Dusen, Civil Service Commissioners, of the City of Philadelphia. Petition for mandamus. Before Dougherty, J. The opinion of the Supreme Court states the facts. The court awarded a peremptory mandamus. Defendants appealed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

While on the face of the record this appears to he a controversy between the dismissed patrolman on one side, and the mayor, director of public safety, and civil service commissioners on the other, it is in fact a proceeding to test the power of the Civil Service Commission to deny the right of reinstatement of a dismissed policeman when the court of trial acquitted him of the indiscretions charged, and all of his superior officers recommended that he be reinstated. Gallagher was duly appointed a member of the police force in 1899, and became a patrolman in 1900,…

2Cases cited3 opinions

  1. Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
  2. Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
  3. De Chastellux v. FairchildSupreme Court of Pennsylvania · 1850

3Cited by9 opinions

  1. Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
  2. Ferruzza v. PittsburghSupreme Court of Pennsylvania · 1958
  3. Bergen v. Lit Bros.Supreme Court of Pennsylvania · 1946
  4. Goldberg v. PhiladelphiaSupreme Court of Pennsylvania · 1924
  5. Bolay v. PhiladelphiaPennylvania Municipal Court, Philadelphia County · 1931

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