Shea v. Kerr
Superior Court of Delaware
Appeal from a Justice’s Court (No. 240, May Term, 1897.) Action of assumpsit. The narr contained the common counts, and one special count for breach of contract. The contract was verbal. This case was tried at the February Term, 1898, on the common counts only, the narr containing no special count. The jury returned a verdict for the plaintiff for $73.62, which the court, on motion, set aside, on the ground that the verdict was against the law and the evidence.
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Appeal from a Justice’s Court (No. 240, May Term, 1897.) Action of assumpsit. The narr contained the common counts, and one special count for breach of contract. The contract was verbal. This case was tried at the February Term, 1898, on the common counts only, the narr containing no special count. The jury returned a verdict for the plaintiff for $73.62, which the court, on motion, set aside, on the ground that the verdict was against the law and the evidence. Bill of particulars filed claiming for two weeks’ services at $35.00 per week.......................................$ 70 00 Railroad…
1Opinion of the Court
Tore, C. J.,
charging the jury :
Gentlemen of the jury :—This action is brought by Agnes Kerr, plaintiff below, to recover from Thomas E. Shea, the defendant below, the sum of $73.62, with interest thereon from May 3, 1897. The seventy dollars being for two weeks’ salary, as leading lady in the defendant’s theatrical company, at thirty-five dollars per week ; the three dollars and sixty-two cents is for carfare paid by her.
The plaintiff alleges, that she was engaged by the defendant at thirty-five dollars per week, and was not to be discharged except on two weeks’ notice ; and that defendant…
2Cited by4 opinions
- Storey v. CamperSupreme Court of Delaware · 1979
- Stolz v. WellsCourt of Appeals of Texas · 1931
- Ogden-Howard Co. v. BrandSupreme Court of Delaware · 1919
- Raynor v. Burroughs Corp.District Court, E.D. Virginia · 1968