Le Strange v. City of Berkeley

This is an appeal by both parties from a judgment of the court below involving a pension claim of the plaintiff, Harriet A. Le Strange (hereinafter sometimes referred to as the widow), against the defendants, City of Berkeley, a municipal corporation, its Police Pension Board, and its Fire Pension Board and the members thereof (hereinafter sometimes collectively referred to as the City).

The Facts

James Howard Le Strange died on November 2, 1956, while he was Chief of the Fire Department of the City of Berkeley. His death was due to a staphylococcus infection. His widow, Harriet Le Strange, filed an application with the Fire Pension Board of the City of Berkeley (hereinafter referred to as the Board) seeking a pension under either of two sections in the Firemen’s Pension Ordinance of said City. Section 8 provides for a pension in the case of a fireman who dies while in the City’s employ but not in the line of duty.

Under this section the widow would be entitled to one-third of the salary her husband was receiving at the time of his death. The other section, section 11, provides that the surviving spouse is to receive one-half of the salary of the deceased fireman “upon…