Slevin

Slevin v. Board of Police Fund Commissioners

Good Law
123 Cal. 130·1898 Cal. LEXIS 996·55 P. 785
Supreme Court of CaliforniaDecember 22, 1898S. F. No. 834California750 words

Opinion

Lead Opinion

Temple, J.

The superior court by its judgment awarded to plaintiff a writ of mandate to compel the defendant to audit and allow the claim of respondent, as the widow of Patrick Slevin, for one thousand dollars, as insurance upon the life of said Patrick Slevin. It is contended that the findings do not support the judgment.

By the findings it is shown that Slevin became a member of the police department April 1, 1868, and served until September 23, 1889, when, at his own request, he .was retired upon a pension under an act of the legislature passed March 4, 1889.

The act provides that a member of the department, after twenty years’ service, and he has reached the age of sixty years, and his services in the police department shall have ceased, may he retired on a pension.

*131 It is found that Patrick Slevin died on the sixth day of March, 1895, and “that said death was the result of injuries received in a railroad accident two days previous thereto.”

Section 7 of the act under which the claim is made reads as follows: “Whenever any member of the police department of such county, city and county, city or town shall, after ten years of service, die from natural causes, then Ms widow or…

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