Benedict v. Michigan Beef & Provision Co.
Michigan Supreme Court
Error to Wayne; Frazer, J. Assumpsit by Silas E. Benedict against tbe Michigan Beef & Provision Company for work and labor performed. Prom a judgment for plaintiff, defendant brings error. Plaintiff was in defendant’s employ as an engineer from about May 1, 1890, to March 7, 1891, at a salary of $850 per year. He claimed a special agreement that his day’s work was to consist of 10 hours, and that he was to be paid for overtime.
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Error to Wayne; Frazer, J. Assumpsit by Silas E. Benedict against tbe Michigan Beef & Provision Company for work and labor performed. Prom a judgment for plaintiff, defendant brings error. Plaintiff was in defendant’s employ as an engineer from about May 1, 1890, to March 7, 1891, at a salary of $850 per year. He claimed a special agreement that his day’s work was to consist of 10 hours, and that he was to be paid for overtime. There were a few other small items, for a portion of which defendant admitted its liability, and conceded an indebtedness of $62.07. The principal item and main…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. There is no evidence to sustain this verdict. It was a compromise verdict, which has been condemned by this and other courts. Goodsell v. Seeley, 46 Mich. 623 (41 Am. Rep. 183). If the jury concluded that the plaintiff did not work the overtime testified to by him, there was not a scintilla of evidence by which they could determine how much overtime he did work. The jury were therefore bound under their oaths, the evidence, and the statement of plaintiff’s counsel, assented to by the court, to give plaintiff the entire amount of this claim or to reject it…
2Cases cited1 opinion
- Eggleston v. WagnerMichigan Supreme Court · 1881
3Cited by18 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Stetson v. StindtCourt of Appeals for the Third Circuit · 1922
- St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
- Alden v. Sacramento Suburban Fruit Lands Co.Supreme Court of Minnesota · 1917
- Bressler v. McVeySupreme Court of Kansas · 1910
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