People ex rel. Bernard v. Wurster — 35 N.Y.S. 90

Majority

p. 90

(89 Hun, 8.)

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

(Supreme Court, General Term, Second Department.

July 26, 1895.)

Headnote

Member op 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 trial, though he wore the costume of a fireman and assisted at fires.

Certiorari by Frank Bernard to review the decision of Frederick W. Wurster, commissioner of the fire department of the city of Brooklyn, in discharging relator. Quashed.

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

p. 91

Edward F. O’Dwyer, for relator.

Albert G. McDonald, for respondent.

We are of the opinion that the relator herein was employed simply as a laborer, and as such was not of the force for extinguishing fires. The fact that he may have assisted at fires, or worn the costume of a fireman, is immaterial. He was in the employ of the department as a day laborer, and could have been called upon to perform any duty. Therefore the writ should be quashed, without costs. All concur.