Pedersen v. J. F. Fitzgerald Construction Co.

Sghee"ok, J.

(dissenting). Plaintiff brought this action in his own behalf, and as representative o£ certain other employees of defendant, styled in the complaint as eoplaintiffs, to recover overtime wages and an equivalent amount as liquidated damages, pursuant to the provisions of sections 7 and 16 of the Federal Fair Labor Standards Act of 1938 [U. S. Code, tit. 29, §. 207, subd. (a), § 216, subd. (b)]. The case was first'tried before Mr. Justice Bergan on an agreed statement of facts, of which the following parts are material upon this appeal:

“1. The New York Central Railroad Company, as…