New York Supreme Court, 1895

People ex rel. Bernard v. Wurster

People ex rel. Bernard v. Wurster
New York Supreme Court · Decided July 26, 1895 · Pratt
35 N.Y.S. 90; 89 Hun 8; 96 N.Y. Sup. Ct. 8; 69 N.Y. St. Rep. 447 (New York Supplement)

Counsel

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

People ex rel. Bernard v. Wurster

Opinion of the Court

PRATT, J.

We are of the opinion that the relator herein was employed simply as a laborer, and as such was not of the force 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 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.

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