Commonwealth v. Lancaster Mills
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Second District Court of Eastern Worcester on December 21, 1911, charging a violation on December 12 of St. 1911, c. 584, in that the defendant, “being an employer of labor did impose a fine of seventy-one cents upon Henry Dilling, an adult employee engaged at weaving” in its mills at Clinton “for imperfections arising during the process of weaving.”
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Complaint, received and sworn to in the Second District Court of Eastern Worcester on December 21, 1911, charging a violation on December 12 of St. 1911, c. 584, in that the defendant, “being an employer of labor did impose a fine of seventy-one cents upon Henry Dilling, an adult employee engaged at weaving” in its mills at Clinton “for imperfections arising during the process of weaving.” The case was tried before Hall, J., upon an agreed statement of facts substantially as follows: During the week ending December 2,1911, Dilling was employed as a weaver of cloth by the defendant and had…
1Opinion of the CourtSheldon, J.
It is provided by St. 1911, c. 584, that “No employer shall impose a fine upon an employee engaged at weaving for imperfections that may arise during the process of weaving.” Looking at the earlier statute of 1891, c. 125, § 1, and at the decision in the case of Commonwealth v. Perry, 155 Mass. 117, we are of opinion that the word “fine” in the later statute must be taken to mean merely the arbitrary imposition of a penalty for an imperfection in weaving by a deduction from the amount of the wages to which the employee is entitled by his contract of employment, whether that amount has been…
2Cases cited7 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1891
- Mutual Loan Co. v. MartellMassachusetts Supreme Judicial Court · 1909
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1895
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3Cited by2 opinions
- Foster v. CurtisMassachusetts Supreme Judicial Court · 1912
- Attorney General v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1942