Majority
p. 447The People ex rel. Frank Bernard, 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, appointed by the fire commissioner, though he wears the uniform and assists at fires, is not a fireman within the statute, prohibiting the discharge of a member of the force without a trial.
Certiorari to review the decision of the commissioner of the fire department of the city of Broooklynin discharging the relator.
Edward F. O'Dwyer, for relatorAlbert Q. Me Donald, for resp’t.
We are of the opinion that the relator herein was employed simply as a laborer, and as such was not of the force
p. 448
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 fire 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.