Casserly

Petition for writ of mandate.

The applicant is the widow of one William Casserly, deceased. At the time of his death Casserly was a member of the Oakland fire department. His death was caused by broncho-pneumonia, which affliction was contracted in the performance of his duty as a fireman of such city on the sixth day of November, 1930, as the direct result of a fire drill participated in by him under orders from his superior officer. His death occurred on December 21st, following. Thereafter, petitioner herein duly filed an application before the Board of Trustees of the Firemen’s Belief and Pension Fund of the city, praying that she be granted a • pension in accordance with the provisions of section 104, subdivision (1) (a) of the charter of the City of Oakland. Section (1) of the charter reads as follows; “Sec. 104 (1) The Board of Trustees shall, out of the Firemen’s Belief and Pension Fund, provide for the family of an officer, member or employee of the Department, who may be killed while in the performance of his duty as follows:” Subdivision (a) of said section reads as follows: “(a) Should the decedent be married, his widow shall, as long as she shall remain unmarried, be…