138 Minn. 225 | Minn. | 1917
At the time of the adoption of the hom'e rule charter of the city of Duluth in the year 1912 plaintiff was and for some time prior thereto had been in the employ of the city as a "building appraiserhis services being rendered under the direction of the city assessor. His tenure of office was indefinite as to time, but the position came within the civil service provisions of the charter, and under section 36 thereof plaintiff was entitled to retain it until removed for cause by the civil service commission. He was dismissed from the service by the city assessor on J une 1, 1913, without authority, for a removal of one holding the particular office could only be made by the civil service commission. No charges were preferred against him and he was afforded no opportunity to be heard before the order of dismissal was made. The evidence justified the jury in finding as a fact that he protested against his summary removal, and did not acquiesce therein, nor abandon his claim to the office. He was subsequently given other temporary employment in the assessor’s office, but was never reinstated to his former position, or subsequent to his dismissal permitted to perform the duties thereof. At the time he was po dismissed from the service one, McLean was appointed to a position in the office, to whom were assigned the duties of building appraiser, being those theretofore performed by plaintiff. Whether McLean was appointed as the successor of plaintiff is not made clear by the record. The assessor, who made the appointment, testified that he did not think his act of appointment should be so construed. But, whatever may have been the intention in that respect, it remains clear that McLean thereafter performed in part, if not all, the duties of the particular position and
This covers the case, and all that need be said in disposing of the points made. The evidence supports the verdict, and there were no errors on the trial justifying a new trial.
Judgment affirmed.