Legal Opinion

Walsh v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 1911PublishedCited by 4 opinions

Appeal by the plaintiff, William B. Walsh, from a judgment of the Municipal Court of the city of New York, borough of Queens, in favor of the defendant, rendered on December 15,1910, dismissing the complaint.

1Opinion of the Court

Jenks, P. J.:

It is clear that the theory of this action is recovery of wages. It was brought in the Municipal Court and the pleadings were oral. The complaint is for “ wages due,” and the bill of particulars furnished by the plaintiff states that the action is for wages due. It appears that the plaintiff was in the service of the city of New York as a laborer, whose work was unskilled and manual. He was paid $2.50 a day when he actually worked. If the weather did not permit him to work he was not paid. He was “ laid off,” and his claim is for a sum that represents his day wages during a…

2Cases cited3 opinions

  1. Erving v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
  2. O'Donnell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
  3. People ex rel. Brown v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by4 opinions

  1. Warner v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1961
  2. Cottam v. City of New YorkAppellate Terms of the Supreme Court of New York · 1911
  3. Doyle v. City of New YorkAppellate Terms of the Supreme Court of New York · 1912
  4. Mary Lincoln Candies, Inc. v. Department of LaborNew York Court of Appeals · 1942

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