People ex rel. Dougherty v. Wurster — 35 N.Y.S. 88

Majority

p. 88

PEOPLE ex rel. DOUGHERTY v. WURSTER, Fire Commissioner.

(Supreme Court, General Term, Second Department.

July 26, 1895.)

Headnote

Members of Fire Department- -Discharge without Trial—Laborer.

One appointed by a fire commissioner as a laborer is not a member of the force for extinguishing fires, within a statute prohibiting the discharge of a member of the force without a trial.

Certiorari by Daniel Dougherty against Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, to review the decision of defendant in discharging relator. Quashed.

Argued before BROWN, P. J., and DYKMAN and PRATT. JJ.

Edward F. O’Dwyer, for relator.

Albert G-. McDonald, for respondent.

Relator cannot be properly said to be a member of the force for extinguishing fires, but was employed, as his appointment shows, as a laborer. Taking the case of People v. Fire Com’rs, 28 Hun, 495 , as the true interpretation of the law, the relator cannot be said to be a member of the fire force, but comes under the designation of those who can be removed with charge and a trial.

Writ quashed. All concur.