Purcell v. Long Island City — 36 N.Y.S. 290

Majority

p. 290

PURCELL v. LONG ISLAND CITY.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Headnote

Schools—Discharge op Janitoh—Liability op City.

A city, the charter of which intrusts the care of the schools to the board of education and the trustees, is liable for the discharge of a school janitor in violation of a contract of employment made by them.

Appeal from circuit court, Queens county.

Action by Margaret E. Purcell against Long Island City to recover damages for breach of a contract in discharging plaintiff without cause from position as janitress of the new Fifth Ward school of Long Island City: From a judgment for $584.40, entered on a verdict directed by the court, defendant appeals.

Affirmed.

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

William E. Stewart, for appellant.

I. Newton Williams, for respondent.

This is an appeal from a judgment entered on a verdict directed by the court in an action for breach of contract in discharging plaintiff without cause, before the expiration of her contract. The plaintiff was employed as janitress for one year, commencing September 1, 1892, and ending August 31, 1893. It was the duty of the defendant, under its charter, to establish and maintain schools. The charter makes the board of education and the trustees the lawful instrumentalities of the defendant for caring for the schools, and the appointment of janitor is a reasonable and necessary part of their duties, and, in so acting, it is within the scope of their authority, and for the benefit of the defendant. This principle has been decided by this general term, in effect. See Leonard v. Long Island City (Sup.) 20 N. Y. Supp. 26 . This case must stand as an authority until it is overruled, and renders any discussion unnecessary. There is no error in the rulings of the court upon the trial.

Judgment affirmed, with costs. . All concur.