Keysaw v. Dotterweich Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Dotterweich Brewing Company, from a judgment of -the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the- 3d.day of August, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on ,the 3d day of August, 1906; denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The action is brought to recover for overtime work of the plaintiff while in the defendant’s employ, at divers times during the years 1900 and 1901. The defendant contends that there ivas a variance between the proof and the allegations of the complaint respecting the contract. We think there was.no such variance as to make that objection tenable. It is true that the complaint alleged that written contracts were made between the deféndant and the local union, of which the plaintiff was a member, fixing the rate of wages at thirteen dollars a week for six days’ work of ten hours each…
2Cited by4 opinions
- Rentschler v. Missouri Pacific RailroadNebraska Supreme Court · 1934
- Gulickson v. Seglin Construction Co., New York County Courts1934
- Langmade v. Olean Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Clark v. Irondequoit Coal & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1939