People Ex Rel. McCabe v. Board of Fire Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 2, 1887, which reversed, on certiorari, the proceedings of the defendant removing the relator from the office of second chief of the fire department of the city of New York and reinstated him in his office. (Reported below, 43 Hun, 554.) The material facts are stated in the opinion.
1Opinion of the CourtPeokham, J.
The relator was second assistant chief of the fire department of the city of Hew York. On the 14th of July, 1886, charges were preferred against him by the chief of the department, charging him first, with incapacity, in that being in command at a fire which occurred in Third avenue, at One Hundred and Twenty-fifth street, at or about 6.25 p. m. of July fifth of that year, he did unnecessarily send or -cause to be sent at 7.25 p. at. the telegraphic signal known as the “simultaneous call” thereby summoning to the station 767 in Harlem, all of the fire extinguishing apparatus and uniformed…
2Cases cited2 opinions
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
- The People, Ex Rel. Murphy v. . FrenchNew York Court of Appeals · 1883
3Cited by3 opinions
- People ex rel. Rigby v. AndersonAppellate Division of the Supreme Court of the State of New York · 1921
- People Ex Rel. Balke v. . FrenchNew York Court of Appeals · 1890
- People ex rel. Balke v. FrenchNew York Court of Appeals · 1890