Hyperlawhypertext legal database People ex rel. Dougherty v. Wurster 96 N.Y. Sup. Ct. 604

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People ex rel. Dougherty v. Wurster

96 N.Y. Sup. Ct. 604 Court N.Y. Gen. Term English

Judges Brown, P. J. and Dykman, J., concurred.

Delivered by Pratt, J.:

Contents

Majority

p. 604
The People of the State of New York ex rel. Daniel Dougherty, Relator, v. Frederick W. Wurster, Fire Commissioner, etc., Respondent.

Headnote

Determination confirmed, without costs.—

Relator cannot be properly said to be a member of the force for extinguishment of fires, hut was employed as his appointment shows as a laborer. Taking the case of People ex rel. Crafts v. The Fire Commissioners ( 28 Hun, 495 ) as the true interpretation of the law, the relator cannot be said to be a member of the fire force, but

p. 605
comes under the designation of those who can he removed with charge and a trial. Writ quashed.

Brown, P. J. and Dykman, J., concurred.