Webb v. Lees
Supreme Court of Pennsylvania
Appeal, No. 10, July T., 1891, by defendants, Joseph Lees and John S. Lees, trading under the firm name of James Lees & Sons, from judgment of C. P. Montgomery Co., Dee. T., 1888, No. 42, on verdict for plaintiff, John Webb. Assumpsit for alleged balance of wages. On the trial, before Swartz, P. J., plaintiff testified that the terms of his employment were $35.00 per week, whether the mill ran or not; and extra pay for all time over 60 hours made by the mill in any week.
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Appeal, No. 10, July T., 1891, by defendants, Joseph Lees and John S. Lees, trading under the firm name of James Lees & Sons, from judgment of C. P. Montgomery Co., Dee. T., 1888, No. 42, on verdict for plaintiff, John Webb. Assumpsit for alleged balance of wages. On the trial, before Swartz, P. J., plaintiff testified that the terms of his employment were $35.00 per week, whether the mill ran or not; and extra pay for all time over 60 hours made by the mill in any week. Defendants’ evidence was to the effect that plaintiff was to be paid at the rate of $35.00 per week of 60 hours for such…
1Opinion of the Court
Opinion by
Mk. Justice Mitchell,
The first assignment of error must be sustained. Plaintiff testified that he had had a six months’ engagement at the Steer Mills, which he had given up to enter defendants’ service, and on this fact it was argued to the jury and submitted to them in the charge, that it would be unreasonable to suppose he would have given up that position for a contract such as defendants alleged he made with them. The truth of his alleged agreement with the Steer Mills was therefore relevant to the issue, and the answers of the treasurer of the mill company to the 7th and 8th…
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