Legal Opinion

Connell v. Board of Public Works

Massachusetts Supreme Judicial Court

Decided January 9, 1920PublishedCited by 6 opinions

Petition, filed in the Supreme Judicial Court on February 5, 1919, for a writ of mandamus directing that the petitioner be restored to employment as a plumber in the water department of the city of Everett. The case was referred to an auditor and was heard upon the auditor’s report by Loring, J. Material findings of the auditor are described in the opinion. The single justice ordered that the writ should issue as prayed for. The respondents alleged exceptions.

1Opinion of the CourtBraley, J.

The petitioner seeks reinstatement as a plumber in the water department of the city of Everett from which he alleges he was unlawfully discharged by the superintendent of water under the board of public works. The case was heard by a single justice on an auditor’s report, and the first question is, whether on the facts stated in the report the petitioner was employed by the city.

By a requisition dated February 1, 1917, the mayor applied to the civil service commission for a plumber for the water department, and two names, including' the petitioner’s, were certified *492for appointment. The…

2Cases cited2 opinions

  1. Ransom v. Mayor of BostonMassachusetts Supreme Judicial Court · 1907
  2. Stiles v. Municipal Council of LowellMassachusetts Supreme Judicial Court · 1918

3Cited by6 opinions

  1. Peckham v. Mayor of Fall RiverMassachusetts Supreme Judicial Court · 1925
  2. Glenn v. ChambersSupreme Court of Iowa · 1951
  3. Strachan v. Mayor of EverettMassachusetts Supreme Judicial Court · 1951
  4. Forbes v. KaneMassachusetts Supreme Judicial Court · 1944
  5. O'Brien v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1927

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