People ex rel. Dougherty v. Wurster — 69 N.Y. St. Rep. 445

Majority

p. 445

The People ex rel. Daniel Dougherty, App’lt, v. Frederick W. Wurster, as Commissioner, etc., Resp’t.

(Supreme Court, General Term, Second Department,

Filed July 26, 1895.)

Headnote

Municipal corporation—Fireman—Discharge.

A laborer in the fire department is not a fireman within a statute prohibiting a discharge without a trial.

Certiorari to review the decision of the commissioner of the fire department of the city of Brooklyn in discharging the relator.

Edward F. O'Dwyer, for relator; Albert G. McDonald, for resp’t.

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 without charge and a trial.

Writ quashed. All concur.