Barlow v. Taylor Mining Co.
Oregon Supreme Court
Appeal from Josephine: Hiero K. Hanna, Judge. This is an action for work and labor alleged to have been performed under a contract of hiring.
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Appeal from Josephine: Hiero K. Hanna, Judge. This is an action for work and labor alleged to have been performed under a contract of hiring. The facts are that in September, eighteen hundred and ninety-two, at Portland, Oregon, the plaintiff, Charles O. Barlow, was employed by the defendant, The Taylor Placer Mining and Milling Company, to superintend and engage in the work of setting up and operating certain mining machinery in Josephine County, to be used by the defendant in the operation of its mine, at a stipulated compensation of one hundred and fifty dollars per month; but there was…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The court charged the jury, in effect, that under the contract as testified to by the parties the plaintiff remained in the employ of the company until he was actually discharged, and if they were not satisfied by a preponderance of the testimony that he had actually been discharged prior to December, eighteen hundred and ninety-three, he was entitled to recover in this action compensation for the time he was not at work for the company, if he held himself in readiness for the service required of him by such contract. In our opinion, this instruction was…
2Cited by5 opinions
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- Clark v. Irondequoit Coal & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Fischhoff v. Adels-Loeb, Inc.New York City Court · 1947
- Mee v. Bowden Mining Co.Oregon Supreme Court · 1905