People ex rel. Bernard v. Wurster
People ex rel. Bernard v. Wurster
35 N.Y.S. 90; 89 Hun 8; 96 N.Y. Sup. Ct. 8; 69 N.Y. St. Rep. 447
(New York Supplement)
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.