Opinion
December 15, 1933.
April 23, 1934.
Appeal No. 245, October T., 1933, by defendant from judgment of M.C., Philadelphia County, August T., 1932, No. 387, in the case of James I. O'Brien v. City of Philadelphia.
Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and JAMES, JJ. Modified and affirmed.
Action of assumpsit for salary. Before GLASS, J., without a jury.
The facts are stated in the opinion of the Superior Court and in the case of Egan v. City of Philadelphia, 113 Pa. Super. 93.
The court entered judgment for the plaintiff. Defendant appealed.
Error assigned, among others, was the entry of the judgment.
Thomas B.K. Ringe, and with him Ernest Lowengrund, Assistant City Solicitors, and David J. Smyth, City Solicitor, for appellant.
Martin Feldman, for appellee.
Argued December 15, 1933.
The same, and only the same, questions are involved in this appeal as were involved in the appeal of Joseph D. Egan v. City of Philadelphia, 113 Pa. Super. 93.
The suspension here was from August 24 to October 2, 1931, and the amount claimed was $228, with interest; the court below entered judgment in favor of the plaintiff for $244.67.
For the reasons stated at length in the opinion this day filed in the Egan case the judgment here appealed from is affirmed, subject to a reduction of $180 from its principal sum.
Judgment modified and affirmed.