People ex rel. Bernard v. Wurster

New York Supreme Court

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

DecidedJuly 26, 1895

StatusPublished

This text of 35 N.Y.S. 90 (People ex rel. Bernard v. Wurster) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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 (N.Y. Super. Ct. 1895).

Pincite

Opinion

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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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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Bluebook (online)

35 N.Y.S. 90, 89 Hun 8, 96 N.Y. Sup. Ct. 8, 69 N.Y. St. Rep. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-bernard-v-wurster-nysupct-1895.