People Ex Rel. Masterson v. . French
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, made the first Monday of January, 1888, which reversed a decision of the police commissioners, constituting the board of police of the city of blew York, dismissing the relator from, the police force, and which ordered his reinstatement. The material facts are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, made the first Monday of January, 1888, which reversed a decision of the police commissioners, constituting the board of police of the city of blew York, dismissing the relator from, the police force, and which ordered his reinstatement. The material facts are stated in the opinion. The court may reverse the action of the commissioners, in the exercise of a sound' discretion, guided by legal principles; but it cannot, in total disregard of the weight of evidence and of the right of the…
1Opinion of the Court
Ruger, Ch. J.
The relator was tried before the police commissioners of Hew York, upon an issue formed by a plea of not guilty, to a charge of conduct unbecoming an ofiicer, with a specification alleging that during “ his tour of duty at 4.50 p. m., October 14, 1887, he was so much under the influence of intoxicating liquor as to render him unfit for duty,” and was found guilty, and dismissed from the force.
Four witnesses, consisting of a police inspector, captain of police, police sergeant, and police surgeon, were examined on the trial as to the condition of the relator, and proved, among…
2Cases cited1 opinion
- The People, Ex Rel. Murphy v. . FrenchNew York Court of Appeals · 1883
3Cited by63 opinions
- Patrolmen's Benevolent Ass'n of City of New York, Inc. v. New York State Public Employment Relations BoardNew York Court of Appeals · 2006
- People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
- MATTER OF BAL v. MurphyNew York Court of Appeals · 1977
- People Ex Rel. Guiney v. ValentineNew York Court of Appeals · 1937
- People Ex Rel. Hogan v. . FrenchNew York Court of Appeals · 1890
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