McKeag
City of Los Angeles v. McKeag
Opinion
Lead Opinion
James, J.
This action was brought by the city of Los Angeles to recover the amount of one thousand dollars, alleged to have been improperly and without authority paid to the defendants out of the policemen’s pension fund of said city. Defendants were the sons of W. H. McKeag, Sr., who at the time of his death was a police officer employed by said city, and he had been such police officer for more than ten years prior to his death. The defendants, at the time of the death of their father, were of adult age. It was alleged in the complaint that McKeag, Sr., died from natural causes, “and that the sickness which caused his death was not caused by the discharge of his duties as a member of said police department.” In their answer defendants, stating that they had no information or belief sufficient to enable them to answer concerning the cause of the sickness resulting in the death of McKeag, denied “that the sickness which caused his death was not caused by the discharge of his duties as a member of said police department.” The answer further set up the charter provisions which authorized the establishment of the police pension fund. Plaintiff gave notice of motion for a judgment on the…