Legal Opinion

Phelps v. Pittsburgh, Cincinnati & St. Louis Railway Co.

Supreme Court of Pennsylvania

Decided November 21, 1881PublishedCited by 3 opinions

Error to the Court of Common Pleas, No. 2 of Allegheny county: Of October and November Term 1881, No. 146. This was an action by D. F. Phelps by his next friend Susan Phelps, against the Pittsburgh, Cincinnati and St. Louis Kailway Company, to recover damages for the breach of an alleged contract of apprenticeship.

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Error to the Court of Common Pleas, No. 2 of Allegheny county: Of October and November Term 1881, No. 146. This was an action by D. F. Phelps by his next friend Susan Phelps, against the Pittsburgh, Cincinnati and St. Louis Kailway Company, to recover damages for the breach of an alleged contract of apprenticeship. The narr., as amended, declared, in a single count . . . “ for that whereas the defendant, a corporation created under the laws of the states of Pennsylvania and Ohio, heretofore, to wit: on the —-day of-, a. d. 1876, at Dennison, Ohio, to wit, at the county aforesaid, entered into…

1Opinion of the CourtJustice Green

The cause of action in this case is an alleged contract of apprenticeship. The plaintiff is the minor, and the defendant corporation, is claimed to be the master. The affidavit of claim sets forth an article of agreement, dated May 1st 1876, by which the plaintiff .claims to have bound himself as an apprentice to the defendant “ for the purpose of learning the machinist trade,” for the term of three years from the date of the agreement, and annexes a copy of the agreement; and further avers that the plaintiff entered the service of the defendant as an apprentice, and continued therein for…

2Cases cited2 opinions

  1. Respublica v. KeppeleSupreme Court of the United States · 1793
  2. Guthrie v. MurphySupreme Court of Pennsylvania · 1835

3Cited by3 opinions

  1. Behney v. R. Stoever Foundry Co.Superior Court of Pennsylvania · 1906
  2. Ellis v. Johnson, Pennsylvania Court of Common Pleas, Philadelphia County1947
  3. Ellis v. Johnson, Pennsylvania Court of Common Pleas, Philadelphia County1947

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