Farrell v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, .The City of Buffalo, from a judgment of the Supreme Court iu favor of the plaintiff, entered in the office of the cleric of the county of Erie on the l6tli day of March, 1906, upon the report of a referee.
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Appeal by the defendant, .The City of Buffalo, from a judgment of the Supreme Court iu favor of the plaintiff, entered in the office of the cleric of the county of Erie on the l6tli day of March, 1906, upon the report of a referee. The action was commenced on the 15th day of June, 1903, to recover additional compensation for services allegéd to have been rendered by the plaintiff as “ foreman ” in the street department of ■ the defendant from the 28th day of December, 1899, to and including the 2d day of February, 1902, during which time the plaintiff was paid the regular wages of a “ laborer…
1Opinion of the Court
McLennan, P. J.:
For the purposes of this review it will be assumed that the findings of fact made by the referee are supported by evidence, and only such other facts as are not controverted will be considered.
In March, 1899, the plaintiff was employed as a laborer by the defendant in its street department at a wage of one dollar and fifty cents' per day, and from that time until about the twenty-eighth day of December following he worked as such and received the wage fixed therefor; but during a considerable portion of that time, at his request and solicitation, he acted in the capacity of…
2Cases cited7 opinions
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Ryan v. . City of New YorkNew York Court of Appeals · 1904
- Hobbs v. . the City of YonkersNew York Court of Appeals · 1886
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3Cited by4 opinions
- Wood v. City of New YorkNew York Court of Appeals · 1937
- Lazinsk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Kearns V. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1938
- Maystrik v. City of New YorkCity of New York Municipal Court · 1937