Rush v. Philadelphia
Superior Court of Pennsylvania
Appeal, No. 68, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., July T., 1914, No. 250, on case tried by the court without a jury in suit of Jonathan B. Bush v. Philadelphia. Assumpsit for wages. The case was tried by Gilpin, J., without a jury. Error assigned was in entering judgment for plaintiff for $170.70. Defendant appealed.
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Appeal, No. 68, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., July T., 1914, No. 250, on case tried by the court without a jury in suit of Jonathan B. Bush v. Philadelphia. Assumpsit for wages. The case was tried by Gilpin, J., without a jury. Error assigned was in entering judgment for plaintiff for $170.70. Defendant appealed. The appellant contends that the order of the discharging officer was conclusive until appealed from or reversed in a direct proceeding, and therefore it was improper for the trial judge in a collateral action to inquire into it:…
1Opinion of the Court
Opinion by
Tkexler, J.,
Plaintiff was a carpenter in the employ of the City of Philadelphia in the department of public works. He was suspended March 12, 1914, by the chief of the Bureau of City Property who was the head of the department for which the plaintiff worked. On May 25,1914, he was notified by the director of public works of Ms intended discharge: said notice containing the reasons for same and on June 3,1914, he was finally dismissed, the reasons again being given. He now brings an action in assumpsit for his wages from the time of his suspension to the date of suit. The case was…
2Cases cited5 opinions
- Hadley v. . MayorNew York Court of Appeals · 1865
- Truitt v. PhiladelphiaSupreme Court of Pennsylvania · 1908
- Duffy v. CookeSupreme Court of Pennsylvania · 1913
- Thomson v. . Board of EducationNew York Court of Appeals · 1911
- Commonwealth v. City of PottsvilleSupreme Court of Pennsylvania · 1914
3Cited by10 opinions
- Alberts v. GarofaloSupreme Court of Pennsylvania · 1958
- Cain, Admrx. v. StuckerSuperior Court of Pennsylvania · 1946
- Taskey v. PittsburghSuperior Court of Pennsylvania · 1936
- Gray v. McKeesport CitySuperior Court of Pennsylvania · 1938
- Loftus v. CarbondaleSuperior Court of Pennsylvania · 1961
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