Cunningham v. Hayes

This is a motion by a member of the fire department, who has served upwards of twenty years, for a writ of mandamus requiring his reinstatement as foreman, or *532in some capacity not requiring active service, at the salary he was receiving when retired.

The petitioner was retired on half pay by the commissioner on October 8, 1909. The commissioner acted, as appears from special order No. 153, on the certificate of the medical officers, dated September twenty-seventh, to the effect that the petitioner was suffering from a weak heart and defective vision and, therefore, “is totally and permanently…