290 Mass. 347 | Mass. | 1935
This is a petition for a writ of mandamus whereby the petitioner seeks reinstatement in employment as an elevator operator at the Boston City Hospital. The case was referred to an auditor who found the following facts: It was admitted and found as a fact that the petitioner was illegally removed from her position as an elevator operator on November 3, 1932, without any charges or reasons therefor being given and without a hearing at that time. On January 4, 1933, the respondents were informed by the law department of the city of Boston that the petitioner was illegally removed and was entitled to reinstatement, but no action was taken at that time. Thereafter the petitioner filed a petition in the Supreme Judicial Court for
It was further found that on May 31, 1933, the petitioner brought a petition for review in the Municipal Court of the Roxbury District of the city of Boston, and the special justice who heard the petition made the following finding: “On the complete record the court cannot find that the respondent trustees acted without proper cause or in bad faith in this removal, and in not supporting the petitioner in her differences with her immediate superior. That being so, then under the law and action, and decision of the respondent trustees in the removal must be affirmed, and it is so found and ordered.” The auditor states that he does not find any evidence of bad faith on the part of the respondents, or then counsel, unless the foregoing facts constitute bad faith as matter of law. The auditor further found that on November 3, 1932, the petitioner was discharged without receiving proper notice as required by G. L. (Ter. Ed.) c. 31, § 43, and that “There is no doubt that Adams, at the time of making his statement in open court, intended that the petitioner should be put back to work and discharged again immediately, but there is also no doubt that he thought and believed that such procedure was legal and right and that he was thereby merely correcting an informal set of acts on the part of the trustees.”
After the auditor’s report was filed the case was heard by a justice of this court. At'the conclusion of the testimony the petitioner filed seven requests for rulings. These requests were denied, and the single justice ordered the following entry to be made: “Petition denied as a matter of law.” The petitioner excepted to the refusal of the single justice to rule as requested, and to the order denying the petition.
It is plain that when the respondents first attempted to
Exceptions overruled.