Ciasulli v. McNamara

During the war emergency, at a time when the regular eligible list for patrolman had been exhausted, petitioner was certified, subject to investigation, by the municipal civil service commission to the police department for appointment as patrolman from the list of special patrolman. He now seeks reinstatement to the list and to his position as patrolman following his removal during his probationary term for a medical defect disclosed by such investigation. The court below, after verdict for petitioner on the issues of fact, set aside the jury’s verdict and dismissed the petition. Although…