New York Supreme Court, 1895

People ex rel. Dougherty v. Wurster

New York Supreme Court · Decided July 26, 1895 · Pratt

35 N.Y.S. 88; 96 N.Y. Sup. Ct. 604; 69 N.Y. St. Rep. 445; 89 Hun 604 (New York Supplement)

Counsel

Edward F. O’Dwyer, for relator., Albert G-. McDonald, for respondent.

Opinion of the Court

PRATT, J.

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 with charge and a trial.

Writ quashed. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.