
    The People ex rel. Daniel Dougherty, App’lt, v. Frederick W. Wurster, as Commissioner, etc., Resp’t.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 26, 1895.)
    
    Municipal corporation—Fireman—Discharge.
    A laborer in the fire department is not a fireman within a statute prohibiting a discharge without a trial.
    Certiorari to review the decision of the commissioner of the fire department of the city of Brooklyn in discharging the relator.
    
      Edward F. O'Dwyer, for relator; Albert G. McDonald, for resp’t.
   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 without charge and a trial.

Writ quashed. All concur.  