State ex rel. Johnson v. Board of Trustees
Wisconsin Supreme Court
Appeal from an order of the superior court of Dane county: August C. Hoppmann, Judge. The appeal is from an order quashing an alternative writ of mandamus.
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Appeal from an order of the superior court of Dane county: August C. Hoppmann, Judge. The appeal is from an order quashing an alternative writ of mandamus. The relator entered'the service of the city of Madison as fireman in 1902, continuing therein and to contribute to the firemen’s pension fund as provided by law until September, 1918. The fire and,police commissioners of said city then notified him that he had been retired from the fire department as of August 30th, and advised him to make application to the pension board for a pension. He petitioned the trustees of such fund for a pension…
1Opinion of the CourtEschweiler, J.
The only question involved is whether or not the disease or disability for which the relator was retired from service as a fireman must under the law be of such a nature that it can be said there was a causal connection between his service or duty as such fireman and the disability. In other words, that it occurred because he was a fireman rather than merely while he was a fireman.
By sec. 959 — 46m, Stats., provision is made for an allowance from the same pension fund to any member of such fire department who shall, “while in the .performance of his duty, be killed, or die as the result of…
2Cases cited2 opinions
- Hutchens v. CovertIndiana Court of Appeals · 1906
- Scott v. Mayor of Jersey CitySupreme Court of New Jersey · 1903
3Cited by3 opinions
- Police Commissioner v. KingCourt of Appeals of Maryland · 1959
- Mitchell v. City of SpringfieldMissouri Court of Appeals · 1966
- Renz v. Hibbing Firemen's Relief Assn.Supreme Court of Minnesota · 1932