Garvey v. City of Lowell
Massachusetts Supreme Judicial Court
Contract for wages for services as foreman of the yard of the health department of the defendant from March 28, 1907, to the date of the-writ. Writ dated July 17, 1907. At the trial in the Superior Court before Bell, J., the facts appeared in evidence which are stated in the opinion or are there referred to as warranting the findings stated.
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Contract for wages for services as foreman of the yard of the health department of the defendant from March 28, 1907, to the date of the-writ. Writ dated July 17, 1907. At the trial in the Superior Court before Bell, J., the facts appeared in evidence which are stated in the opinion or are there referred to as warranting the findings stated. At the close of the evidence the defendant asked the judge to make the following rulings, besides others which have become immaterial: “ 1. On all the evidence the plaintiff is not entitled to recover. “ 2. The records of the board of health are…
1Opinion of the CourtSheldon, J.
The plaintiff was in the employ of the defendant as foreman of the yard of its health department. It is agreed that he was entitled to whatever protection the civil service laws might afford him. St. 1904, c. 314. He was discharged from his employment under a vote of the board of health of the defendant, purporting “to abolish the position of foreman of the yard in the spirit of economy.” The jury have found however that this vote was a mere pretext or device to get rid of the plaintiff, that it was not passed in good faith on grounds of economy, and that this action was taken because of the…
2Cases cited20 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Brown v. RussellMassachusetts Supreme Judicial Court · 1896
- Rape v. HeatonWisconsin Supreme Court · 1859
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
15 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State Ex Rel. Ging v. Board of EducationSupreme Court of Minnesota · 1942
- City of San Antonio v. WallaceTexas Supreme Court · 1960
- Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909
- School Committee of Braintree v. RaymondMassachusetts Supreme Judicial Court · 1976
- Cullen v. Mayor of NewtonMassachusetts Supreme Judicial Court · 1941
33 more not listed; retrieve them via the Exa API.