Mogan

Plaintiff sued in mandamus to require the defendants to award her a pension from the police relief and pension fund, maintained under the provisions of the municipal charter of the city and county of San Francisco. Plaintiff had judgment in the Superior Court and the defendants have appealed on typewritten transcripts.

Plaintiff is the widow of Austin J. Mogan, deceased, a former member of the San Francisco police department. On September 23, 1924, Officer Mogan was ordered by his superior officer to report to the Central Emergency Hospital in San Francisco to interview a patient who was reported to have made an attempt to commit suicide. It is claimed on the part of plaintiff that this patient suddenly became violent and that, in attempting to restrain him, Officer Mogan was injured and that such injury caused his .death, which occurred soon thereafter. On the part of the defendants it is claimed that no struggle took place at the hospital and that no injury to the officer resulted, but that he died of natural causes. A full hearing was had before the commission under the terms of the charter and evidence was received tending to prove that the officer was injured in the…