People Ex Rel. Chappel v. . Lindenthal
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1903, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to require the defendant to reinstate the relator tit the position of bridgetender in the city of ¡New York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 9, 1903, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to require the defendant to reinstate the relator tit the position of bridgetender in the city of ¡New York. The facts, so far as material, are stated in the opinion. It was not the duty of the commissioner on discovering that the Grand street bridgetenders were no longer required to create vacancies for so many of them as happened to be veteran firemen by discharging men who…
1Opinion of the CourtGray, J.
The relator seeks reinstatement in the position of bridgetender, in the employment of the bridge department of the city of Hew York, and he petitions for the writ of mandamus, commanding the commissioner of bridges to so reinstate him, or to “ transfer him to duty in any other branch of the civil service of the city in such position as he may be fitted to fill, receiving the same compensation therefor.” The grounds for this application are stated to be that he is an honorably discharged volunteer fireman; that he is entitled as such to the protection of the Civil Service Law, and that his…
2Cases cited2 opinions
- Breckenridge v. ScannellNew York Court of Appeals · 1899
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
3Cited by17 opinions
- People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
- Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Essinger v. New CastleSupreme Court of Pennsylvania · 1923
- Gaul v. PhiladelphiaSupreme Court of Pennsylvania · 1956
- Barton v. BrannanAppellate Division of the Supreme Court of the State of New York · 1910
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