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Morgan v. City of New York

94 N.Y.S. 175 Court N.Y. App. Div. Decision date 1905-06-09 English

Delivered by *176 HATCH, J.

Contents

Majority

p. 175
MORGAN v. CITY OF NEW YORK.
(Supreme Court, Appellate Division, First Department.
June 9, 1905.)

Headnote

Municipalities—Chief Messenger—Duties Performed Out of Office Hours—Extra Compensation.
The fact that affidavits taken by a chief messenger in the department of buildings of the city of New York in the performance of his duties as such messenger, as charged on him by specific direction, were taken in the morning before business hours, did not entitle him to extra compensation.
Appeal from Trial Term, New York County.
Action by George Morgan against the city of New York. From a judgment for plaintiff, and from an order denying its motion for a new trial, defendant appeals.
Reversed.
Argued before HATCH, PATTERSON, O’BRIEN, and LAUGHLIN, JJ.
Theodore Connoly, for appellant.
Augustin Eedwith, for respondent.

The facts in this case cannot distinguish it from the case as made in McCabe v. City of New York, 77 App. Div. 637 , 79 N. Y. Supp. 176 , affirmed by the Court of Appeals, 176 N. Y. 587 , 68 N. E. 1119 . The fact that the affidavits were taken in the morning before business hours does not change the result, any more than the rendition of other services charged upon the plaintiff, performed either before or after office hours, would authorize extra compensation. What plaintiff did was done in the performance of his duties as chief messenger. They were charged upon him by specific direction, and he performed them as service required by the department and in the discharge of his duties.

The judgment and order should therefore be reversed, and a new trial granted, with costs to the appellant to abide the event. All concur.