Morgan v. City of Los Angeles

WOOD, J.

The petitioner sought a writ of mandate directing the Board of Pension Commissioners of the City of Los Angeles to grant to her, as the widow of a police officer, a pension pursuant to section 183 of the city charter of Los Angeles. That section provides in part that whenever any member of the police department shall die from sickness caused by the discharge of his duty a pension shall be paid to his widow. Petitioner alleged that the immediate cause of the death of her husband was poliomyelitis contracted by him during the performance of his duties as such police officer. She appeals from the judgment denying her petition.

Appellant contends that the court erred in concluding that the officer did not die from sickness contracted in line of duty. She asserts that the officer contracted poliomyelitis while, in the performance of his duty, he was at the front door of a house talking to a woman therein who had recently rendered nursing services in the house to her son who was afflicted with that disease.

Officer Morgan, petitioner’s husband, had been a police officer in Los Angeles for 12 years. Prior to September 21, 1945, there had been several burglaries in a certain district in Los Angeles, and Officer Morgan and Officer Nash were assigned to investigate the burglaries in that district. On September 21, 1945, after having gone to a house within that district where a burglary had occurred, those officers, in the performance of their duty, went to all the houses (about 15) within 3 or 4 blocks of that house. Officer Nash testified that about 4 p.m. of that day he saw Officer Morgan, in the performance of his duty, go up the entrance steps and onto the

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porch of the residence of a Mrs. Paschek. While Officer Morgan went to that residence Officer Nash went to a residence next door. Officer Nash also testified that he could not see the door of the Paschek residence from his position at the next residence; that he returned within about eight minutes to their automobile, in front of the Paschek residence, and Officer Morgan was then in the automobile; that Officer Morgan then told him that he had talked to “the mother” at the house where he had been. About September 6, 1945, the son of Mrs. Paschek had become afflicted with poliomyelitis, and from that day until September 8th, when he was taken to the hospital, Mrs. Paschek had taken care of him at that residence. On September 21st, he was discharged from the hospital and he returned home about 4 p. m. The son testified that on said last mentioned day Mrs. Paschek had a slight cold.