Baltimore & Ohio Southwestern Railroad v. Burdalow
Indiana Court of Appeals
From Knox Circuit Court; Orlando H. Cobb, Judge. Action by "Wright Burdalow against The Baltimore and Ohio Southwestern Railroad Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtIbach, J.
Appellee brought this action against appellant to recover $39.50 alleged to be due him for labor, $1 per day penalty for each day from January 15, 1912, the last day on which appellee worked for appellant, to the date of final judgment, and attorney’s fees. Judgment was rendered by the court in favor of appellee for $81.75. The court was in error, in allowing a recovery of $1 a day penalty, and attorney’s fees, since there is no valid
1. statute in this State providing for such a recovery, nor is it authorized by the common law. It has been settled that the act of 1911 (Acts 1911 p. 446,…
2Cases cited4 opinions
- Republic Iron & Steel Co. v. StateIndiana Supreme Court · 1903
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SchulerIndiana Supreme Court · 1914
- Chicago & Erie Railroad v. EbersoleIndiana Supreme Court · 1910
- Toledo, St. Louis & Western Railroad v. LongIndiana Supreme Court · 1907
3Cited by2 opinions
- Palmer v. StockbergerIndiana Court of Appeals · 1963
- Standard Liquors, Inc. v. NarcowichIndiana Court of Appeals · 1951