Burns v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John H. Burns, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 13th day of June, 1904, denying the relator’s application for a peremptory writ of mandamus, and also denying his application thereupon made for an alternative writ of mandamus.
1Opinion of the Court
Hiscock, J.:
This appeal involves a construction of the Labor Law and also of the question whether relator has not waived certain rights thereunder, assuming that they originally existed in his favor. These considerations are presented by reason of the claim made by relator that he has labored in excess of eight hours a day and is entitled to additional compensation for such excess. We do not agree with his contention and think that his application was properly disposed of.
The appellant during the period from January 15,1900, to March 15, 1904, was employed as a laborer in the armory of the…
2Cases cited3 opinions
- Kehn v. . State of New YorkNew York Court of Appeals · 1883
- Ryan v. . City of New YorkNew York Court of Appeals · 1904
- Matter of BryantNew York Court of Appeals · 1897
3Cited by2 opinions
- Claim of Muller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- Farrell v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1907