St. Louis, Iron Mountain & Southern Railway Co. v. Bailey
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in instructing the jury, amongst other things, that “when they did either of these it was their duty to pay him within seven days by money or check, which might be sent at his request to'the agent at some station.”
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Appeal from Jackson Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in instructing the jury, amongst other things, that “when they did either of these it was their duty to pay him within seven days by money or check, which might be sent at his request to'the agent at some station.” Thereby the jury were led to believe that the penalty attached if appellee was not paid within seven days from the date 'of discharge, whereas, in order to be entitled to recover penalty, he must have been discharged, must have requested his check or money to be sent to the agent at a certain…
1Opinion of the CourtBattue, J.
Robert Bailey alleged that he was in the employment of the St. Louis, Iron Mountain & Southern Railway Company, earning at the rate of one dollar and forty cents a day; that there was due him $28 for labor performed; that he was discharged by the railway company on the 23d day of November, 1906; that, he having requested it, at that time, to send the amount due him to its agent at Newport, it failéd to do so, and he is entitled to his wages until the same be paid. The railway company denied these allegations.
Bailey was in the employment of the railway company, but the evidence is conflicting…
2Cases cited1 opinion
- Wisconsin & Arkansas Lumber Co. v. ReavesSupreme Court of Arkansas · 1907
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McClerkinSupreme Court of Arkansas · 1908
- Biggs v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- McCourt Manufacturing Corp. v. RycroftSupreme Court of Arkansas · 2009
- Bush v. ColemanSupreme Court of Arkansas · 1917
- Lusk v. JonesSupreme Court of Arkansas · 1917
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