Legal Opinion

Learman v. Roche

New York Supreme Court

Decided August 12, 1941PublishedCited by 2 opinions

1Opinion of the CourtHinkley, J.

Measured in the scales of justice, petitioner’s rights outweigh all other considerations. Courts of law are not always courts of justice. But trial courts are less handicapped in the approximation thereof than courts of last resort which often are compelled to rule unjustly in specific instances in an effort to chart a future course by judicial precedent. Petitioner has, by the improper administration of law, been deprived of a position as lieutenant of the Buffalo city police force, which position was under the protection of the civil service. Such invasion of his rights was illegal and…

2Cited by2 opinions

  1. Smith v. NoeppelNew York Supreme Court · 1953
  2. Toro v. MalcolmNew York Court of Appeals · 1978

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