Rush v. United States
United States Court of Claims
On the clwima/nts1 Motion. ■ The Reporters' statement of the case: The grounds for the motion appear sufficiently in the opinion of the court. In Simpson v. Neio York Rubber Co., 80 Hun., 415, the Supreme Court of New York held that the statute for the protection of laborers by requiring cogs, gearing, etc., to be properly guarded, was one of which the laborer could not waive the benefit.
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On the clwima/nts1 Motion. ■ The Reporters' statement of the case: The grounds for the motion appear sufficiently in the opinion of the court. In Simpson v. Neio York Rubber Co., 80 Hun., 415, the Supreme Court of New York held that the statute for the protection of laborers by requiring cogs, gearing, etc., to be properly guarded, was one of which the laborer could not waive the benefit. The court said (p. 417): “But is there no question of public policy involved here? To our mind there is, and that public policy should induce us to hold, unless a contraiy doctrine is settled by authority,…
1Opinion of the CourtPeele, J.
The questions presented for our decision arise on the claimants’ motion for a new trial, the material and substantial grounds of which are that the court erred in finding that the claimants had voluntarily signed the waiver which was interposed as a successful defense, and in holding said waiver binding upon them “in derogation of the right granted by *235statute to extra pay for hours employed in excess of eight per day.”
Judgment was rendered in the case, dismissing the petition, May 23,1898. (33 C. Cls. R., 417.)
The claimants, letter carriers in San Francisco, brought suit for services claimed…
2Cases cited7 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1884
- Robertson v. Frank Brothers Co.Supreme Court of the United States · 1889
- United States v. McLeanSupreme Court of the United States · 1878
- United States v. PostSupreme Court of the United States · 1893
- Gilman v. D. V. R.Supreme Court of Iowa · 1875
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