to charter provision. Plaintiff contended that the injury of January 15, 1948, to her husband aggravated and accelerated a pre-existing cancer, shortening his *295 life, and that thereby there was a causal relationship between the injury, the illness, and the death. The petition was granted, and a medical board was appointed which reviewed the files and records in the case. Two of the members of the medical board concluded that the back injury received by officer Pobursky aggravated a pre-existing condition in his left kidney and that there was a causal relation with his subsequent death. The third member of the medical board disagreed.
On March 4, 1958, the board of trustees acknowledged receipt of the medical board's reports, accepted its medical findings, and then denied the plaintiff's petitionfor widow's benefits on the basis of its finding that her husband's death was not the result of illness or injuries received while in the performance of his duties. It should be noted that the defendants did not contend below, nor do they here, that officer Pobursky did not injure his back on January 15, 1948, while in the performance of his duties as a police officer. Hence, the finding of the board of trustees upon which its denial of plaintiff's petition was based is, in fact, a finding that officer Pobursky's death was not causally connected with his admitted injury, contrary to the finding of a majority of the medical board.
Following denial of her petition, plaintiff instituted certiorari proceedings in the circuit court of Wayne county. The