98 A.D. 581, People ex rel. Coughlin v. Webster
| Date | Invalid date |
| Docket Number | . |
| Citation | 98 A.D. 581 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM COUGHLIN, Relator, v. CHARLES I. WEBSTER, Commissioner of Public Safety of the City of Troy, N.Y. , Respondent. |
| Court | New York Supreme Court Appellate Division. Third Department |
Page 581
CERTIORARI issued out of the Supreme Court and attested on the 9th day of April, 1904, directed to Charles I. Webster, commissioner of public safety of the city of Troy, N.Y. , requiring him to certify and return to the office of the clerk of the county of Rensselaer all and singular his proceedings had in dismissing the relator from the position of chief of police of the city of Troy.
COUNSEL
Thomas S. Fagan, for the relator.
John T. Norton, for the respondent.
SMITH, J.:
Upon the 30th day of January, 1904, written charges, duly verified, were presented to the respondent Webster against the relator. Upon the second day of February relator filed his answer to those charges, and the third day of February was the date appointed for his trial. Upon that day counsel for relator appeared and asked for an adjournment of the trial by reason of relator's sickness. In support of his request he called to the stand Dr. John J. English, a physician of the city of Troy, who had been called to see the relator about eight o'clock that morning. Dr. English swore in substance that the relator stated that he had been taken sick that morning and had become weak and had a smothering sensation around the heart; that he examined the heart and found it in a normal condition, his pulse perfectly regular, and a slight elevation of temperature--probably
Page 582
half a degree--and that was all he could find; that there was no organic trouble of the heart. He was asked whether the condition of the relator was such upon that morning that it would be unsafe for him to appear in court. He answered: 'Well, a man runs a risk sometimes in going out in the open air even though his temperature is slight in weather like this. Q. Would it be safe for him to be here this morning in your opinion? A. Well, I think he might be able to do so. Q. Without any apparent risk to his health? A. I couldn't give a positive answer to that.' Upon this evidence the relator's counsel insisted upon a postponement of the trial, which the commissioner refused. This ruling of the commissioner refusing to postpone the trial is the main ground of challenge to this determination.
It is first answered by respondent that inasmuch as under section 184 of the charter of second class cities...
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