People ex rel. Smith v. Wurster
New York Supreme Court
Certiorari by Joseph E. Smith against Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, to review the decision of defendant in discharging relator. Judgment for relator. The following is a copy of the petition for the writ: “The petition of Joseph E. Smith respectfully shows: First.
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Certiorari by Joseph E. Smith against Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, to review the decision of defendant in discharging relator. Judgment for relator. The following is a copy of the petition for the writ: “The petition of Joseph E. Smith respectfully shows: First. That, at all the times hereinafter mentioned, petitioner was, and still is, a duly-qualified, licensed physician and surgeon, a citizen of the United States of America, and a resident and elector of the city of Brooklyn, county of Kings, and state of New York. Second. That, on or…
1Opinion of the CourtPratt, J.
Considering all the circumstances, I think plaintiff should be held to be a member of the force for extinguishing fires. To determine the question, the court will consider the petition for the writ and affidavits annexed thereto, as well as the return. The • denial of the conclusion of law in the return is a futile method of defeating the relator. The latter was certainly not employed as a laborer, but as a necessary member of the fire force. It is clear he was originally appointed on the force, where he served for nearly 10 years, after being qualified regularly. It is too late, and too…
2Cited by4 opinions
- Hurley v. SykesCalifornia Court of Appeal · 1924
- Deth v. CastimoreAppellate Division of the Supreme Court of the State of New York · 1935
- Davis v. City of PaducahCourt of Appeals of Kentucky (pre-1976) · 1938
- Deth v. CastimoreNew York Supreme Court · 1935