Doody

Petitioner is a member of the Oakland fire department and the defendants are members of the city council which passed a resolution refusing to pay petitioner’s claim for salary during a period when he was incapacitated from performing his duties as a member of the fire department by reason of a sore foot, which condition was brought about by stepping on a nail while in the yard of his home on July 12, 1922, which was his “day off.”

A demurrer to the complaint was overruled and defendants answered. Upon motion of petitioner, judgment was entered upon the pleadings, from which judgment defendants appeal.

It appears from the pleadings that petitioner’s foot was dressed by a physician every other day and that for a period of nine days petitioner was unable to walk or put his weight upon the sore foot. Petitioner promptly reported to the fire department that he was “sick” and furnished the necessary doctor’s certificate required by the department. The said' department never asked for any other certificate and on July 22, 1922, petitioner returned to his work, and furnished what is known in the department as a “well” certificate.

Thereafter petitioner endeavored to collect his…