Legal Opinion

Failing v. City of Syracuse

New York County Courts

Decided June 15, 1893PublishedCited by 2 opinions

Action by Failing against the city of Syracuse.

1Opinion of the CourtHorthrtjp, J.

The plaintiff, representing himself and 12 assignors, sues the city of Syracuse to recover a balance of 20 cents a day, for a given period, claimed to be due for services performed as. bridge tenders on the hoist, lift, and swing bridges of the city during the year 1889. The legal questions raised are: (1) Are these bridge tenders employes of the state? If so, can they sue the city? (2) Are they employes of the city? If so, is the statute of 1889, (chapter 380,) fixing the wages of state employes, applicable, or, if applicable, is it constitutional?

Section 1, c. 488, Laws 1881, provides that…

2Cited by2 opinions

  1. In re AgarNew York Supreme Court · 1897
  2. Town of Ridgeway v. TremanNew York Supreme Court · 1911

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