Gilman v. City of Long Beach

DORAN, J.

The petition herein prays for a peremptory writ of mandate to compel the defendants to grant and pay a widow’s pension under the provisions of section 187 (4) of the charter of the city of Long Beach. Petitioner is the widow of Vertle P. Gilman who died on April 13, 1949. Mr. Gilman became a member of the Long Beach Fire Department on October 1, 1932, and continued in active service until April 2, 1949, at which time he became unable to continue his duties by reason of a heart affliction. Appellants’ answer denies that decedent was eligible for retirement pension as a result of injuries received in or sickness caused by the discharge of decedent’s duties, and denies that respondent was entitled to a pension.

A jury answered special interrogatories in favor of respondent, to the effect that Mr. Gilman died as a result of injury received during the performance of duties as a member of the fire department, and that such services “so aggravated a pre-existing injury or sickness ... as to render him physically unable to perform the duties of his position from and after April 2, 1949.” Judgment was entered ordering appellants to grant respondent a widow’s pension and to pay the amount prescribed by the charter. It is contended by appel- .

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lants that there is no substantial evidence in the record to support the jury’s findings, and that the judgment granting respondent a widow’s pension is contrary to law.

The record discloses evidence that the decedent Gilman was in good health when appointed to the fire department in 1932; that during the period from 1934 to 1939 Gilman, assigned to the harbor area, was called upon to fight fires in the holds of ships, which service involved strenuous exertion and exposure to smoke. In fighting a factory fire decedent was exposed to ammonia fumes. From March, 1942, to July, 1943, decedent was required to fight numerous grass fires and fires at the city dump; the men were obliged to work short-handed and Gilman was observed to become exhausted and short of breath, one of the first signs of heart trouble. At about this time Gilman was examined for promotion and turned down because of high blood pressure and “essential hypertension.”

In December, 1945, decedent was called upon to fight a Long Beach fire for two or three days involving strenuous exertion and creosote smoke and fumes. In January, 1947, decedent was promoted to the position of captain, and appeared to worry over the added responsibilities of the office. About this time Mr. Gilman commenced to complain of an upset stomach, said to be a symptom of advanced coronary sclerosis. There was some difficulty in sleeping; decedent appeared to lose weight and became increasingly nervous. There was medical testimony that decedent’s life was materially shortened by the stresses and strains of employment, and that decedent’s heart disease was caused by such activity and its progress accelerated thereby.