People ex rel. Dougherty v. Wurster

35 N.Y.S. 88, 96 N.Y. Sup. Ct. 604, 69 N.Y. St. Rep. 445, 89 Hun 604

Opinion

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.