Gibney v. Mayor Fall River Et Al

DOLAN, Justice. This is a petition for a writ of mandamus wherein the petitioner seeks reinstatement to the position of nurse in the department of health of the city of Fall River from which she was removed on June 19, 1939, and for further relief. The case was tried upon the report of an auditor by a single Justice of this court who found the facts to be as stated in the report and ordered that the writ issue commanding the officials of the city named in the petition to recognize the petitioner as board of health nurse by virtue of her appointment to said position on December 22, 1938, to the same extent and fully with respect to her rights of compensation and the necessary means by which her compensation is to be secured and paid to her as if the attempted removal of her on June 19, 1939, from said position had never taken place; and further commanding the respondent Larkin to strike from the records of the board of health of the meeting of December 22, 1938, that part of the vote appointing the petitioner permanently as board of health nurse which reads as follows: if the mayor approves, and further to expunge from the records of said board the alleged vote of June 19, 1939, wherein the alleged action of the board in removing the petitioner from her position is recorded. The case comes before us on the respondents claim of exceptions to the findings and order of the single Justice.