Gorley v. City of Louisville

Citation104 Ky. 372
PartiesGorley v. City of Louisville.
Decision Date30 September 1898
CourtCourt of Appeals of Kentucky
104 Ky. 372
Gorley
v.
City of Louisville.
Court of Appeals of Kentucky.
September 30, 1898.
APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION.

HENRY S. BARKER FOR APPELLANT.

Page 373

H. L. STONE FOR APPELLEE.

H. L. STONE FOR APPELLEE IN A PETITION FOR A REHEARING.

Page 374

JUDGE BURNAM DELIVERED THE OPINION OF THE COURT.


Appellant in this action claims that he was unlawfully dismissed from the detective department of the police force of the city of Louisville, on the 31st day of August, 1896, without notice or trial, by the Board of Public Safety of that city; that he has been ready and willing to discharge the duties of his office ever since; but that he has been wrongfully deprived of the privilege of doing so; and he seeks in this action to recover his salary from the date of the alleged unlawful dismissal until the institution of this suit. Appellee denies the allegations of the petition, and in the third paragraph of its answer alleges that the plaintiff has been employed in other pursuits during the period for which he seeks to recover salary, and that the plaintiff had, for a large part of the time, by his voluntary acts, placed it out of his power to render any service for the appellee as a detective; and by the fourth paragraph it pleads the provisions of section 2882, Ky. Stats., limiting the time when actions of this character can be brought to six months from the date of the accrual thereof. The law and facts having been submitted to the court on the issues, the court rendered an opinion holding that appellant was entitled to notice of the charges against him, and was entitled to be present and heard at the trial thereof, and that he had been unlawfully dismissed from the police force, but further holding that the plaintiff's action for salary was barred by the limitation of six months fixed by the statute; and, in pursuance to this opinion, judgment was rendered dismissing

Page 375

appellant's petition, from which this appeal is prosecuted.

By the provisions of the act of March 23, 1894, known as the "Metropolitan Police Law," which was an amendment to charters of cities of the first class, the government of the police department and of the police force of the city of Louisville was vested in the Board of Public Safety, who are authorized and empowered by section 2 of that act (which is now section 2874 of the Kentucky Statutes), "to make, adopt and enforce rules, orders and regulations for the government, discipline, administration and disposition of the police department and police force and the members thereof. The board...

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