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People ex rel. Kotschau v. Waldo

148 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1914-06-26 English

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p. 1137
PEOPLE ex rel. KOTSCHAU v. WALDO, Police Com’r.
(Supreme Court, Appellate Division, Second Department.
June 26, 1914.)

Headnote

Proceeding by the People of the State of New York, on the relation of Carl W. Kotschau, against Rhinelander Waldo, as Police Commissioner of the City of New York.

Determination annulled, with $50 costs and disbursements, and relator reinstated. In the opinion of this court the evidence against the relator, considered in the light of testimony produced by him from disinterested witnesses, and which remained uncontradicted in the case, failed to prove preponderantly a willful and conscious violation of duty by the relator.