Opinion
Gen. No. 41,945. (Abstract of Decision.)
Opinion filed June 1, 1942 Rehearing denied June 16, 1942
MANDAMUS, § 93.1 — cause of action relating to Civil service employment. Where a writ of mandamus was awarded against police commissioner and the civil service commission to restore a patrolman to the police department removed for neglect of duty, and it appeared that he had been sent to guard a candy store which had two previous robberies and got trapped by two burglars whom he took to be ordinary customers, the proof did not show neglect of duty, and the judgment awarding the writ was affirmed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.
Judgment affirmed. Heard in first division, first district, this court at October term, 1941.
Barnet Hodes, Corporation Counsel, for appellants;
James A. Velde, Carl H. Lundquist and L. Louis Karton, Assistant Corporation Counsel, of counsel;
Michael F. Ryan, for appellee;
Richard F. McPartlin, Jr., of counsel.
"Not to be published in full." Opinion filed June 1, 1942; rehearing denied June 16, 1942.