Legal Opinion

Kelly v. Walton

New York Court of Common Pleas

Decided December 4, 1893PublishedCited by 1 opinion

Appeal from eighth district court. Action by John Kelly against Frank T. Walton. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtGiegerich, J.

This action was brought by the plaintiff to recover 11£ days’ wages alleged to have been earned by him as a waiter in the defendant’s hotel. The defendant, by his answer, interposed a general denial. The principal question litigated upon the trial was whether or not the plaintiff was hired for a specified period of time. The plaintiff and his witnesses testified that he was not hired for any fixed period, that he . could leave the defendant’s employ at any time, and that he was entitled to compensation for the exact number of days and hours he worked. The defendant and his witnesses, on the…

2Cases cited2 opinions

  1. Lynes v. HickeyNew York Court of Common Pleas · 1893
  2. Weiss v. StraussNew York Court of Common Pleas · 1891

3Cited by1 opinion

  1. Whedon v. HoganNew York Court of Common Pleas · 1894

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