← Cases

People ex rel. Hazlett v. White

87 N.Y. Sup. Ct. 603 Court N.Y. Gen. Term English

Delivered by Brown, P. J.:

Contents

Majority

p. 603
The People of the State of New York ex rel. Edward Hazlett v. Alfred T. White, Commissioner.

Order affirmed, with costs.—

I advise an affirmance of the order in this case without an opinion. Relator was charged with gross carelessness in changing the reading of the water meter of the Citizens’ Electric Illuminating Company in July, 1891, and in recommending the reduction of the reading. The readings from the meter appear at tolio 60 of the appeal bock. There is no evidence that there was anything the matter with the hand of the meter which registered hundred thousands. Without apparently any justification relator recommended a reduction of the reading of March twelfth to 542,157 feet. This was far below the register for January nineteenth. There was no complaint that the reading of December and January were wrong, and unless theywere, the reading of March twelfth was about right. Relator made no examination of the matter until May, and in July reduced the reading of March 1,000,000 feet. His action is somewhat remarkable, and although he had been in the city’s employ many years and bore an excellent character, the respondent had power to remove him, the facts justified it and I do not think the court ought to reverse his decision. There is no question of law in the case and nothing calling for an opinion. Dykman and Cullen, JJ., concurred.