Legal Opinion

Grady v. . City of New York

New York Court of Appeals

Decided May 30, 1905PublishedCited by 5 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 12, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Upon an "appeal from a non-unanimous affirmance by ■ the Appellate Division the record may be examined in order to ascertain whether there is any evidence which, upon any reasonable view, will sustain a verdict, and when the undisputed facts in connection with the…

1Opinion of the Court

Cullen, Ch. J.

The action was brought by the plaintiff, a foreman' of a gang for repairing pipes, stop-cocks, etc., in the bureau of the water supply of the city of New York, to recover compensation for overtime work rendered during six years prior to the commencement of the action. The learned trial judge submitted the case to the jury to determine as questions of fact whether the plaintiff rendered the services under the expectation of compensation, and whether there was an implied contract on the part of the defendant to pay for the same. These issues were decided by the jury in the…

2Cases cited2 opinions

  1. McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  2. Ryan v. . City of New YorkNew York Court of Appeals · 1904

3Cited by5 opinions

  1. Connolly v. City of Des MoinesSupreme Court of Iowa · 1925
  2. Werkman v. Westmoreland CountySuperior Court of Pennsylvania · 1937
  3. Byrnes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  4. Ostraum v. City of MinneapolisSupreme Court of Minnesota · 1952
  5. State Ex Rel. Hartzell v. City of SeattleWashington Supreme Court · 1939

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