Olson v. City of Highland Park

• Decision Date: 11 January 1946
• Docket Number: Nos. 55-57.,s. 55-57.
• Citation: Olson v. City of Highland Park, 312 Mich. 688, 21 N.W.2d 286 (Mich. 1946)
• Parties: OLSON v. CITY OF HIGHLAND PARK
• Court: Michigan Supreme Court

312 Mich. 688

21 N.W.2d 286

OLSON

v.CITY OF HIGHLAND PARK

Nos. 55-57.

Supreme Court of Michigan.

January 11, 1946.

Appeal from Circuit Court, Wayne County; Joseph A. moynihan, judge.

On applications for rehearing.

Applications denied.

For former opinion, see 20 N.W.2d 773.

William B. Giles and Julian F. Russell, both of Detroit, for plaintiff and appellants.

Earl B. Young, City Atty., of Highland Park, and Claude H. Stevens, of Detroit, for City of Highland Park, defendant and appellee.

PER CURIAM.

Rehearing is denied in the Olson case without further comment.

In the Coulter and Russell cases defendant urges a rehearing on several grounds, among them being that an improper method of computing overtime compensation as approved. We do not agree with this contention.

It is also urged that the opinion heretofore filed should have answered appellant's Question V:

“Can the plaintiffs recover for overtime work where no emregency existed?”

Consideration was given to this matter and defendant's contention was not deemed meritorious. The records in the several cases have been re-examined and are found to contain sufficient testimony to satisfy the charter requirements as to performance of service by the respective employees in cases of emergency. Had not such overtime services been rendered the result would have been “a serious loss, damage or impairment of the city's service,” which under the charter provision in question (§ 33a) constitutes an emergency. We do...