Birdsall v. Twenty-Third Street Railway Co.
New York Court of Common Pleas
Appeal from a judgment for the plaintiff", rendered by George W. Parker, justice of the District Court in the city of New York, for the Third Judicial District. The action was brought by the assignor of the claims of certain discharged conductors of the cars of the defendant to recover the aggregate of sums of money varying from ten to fifteen dollars, earned by the conductors just previous to their discharge.
Read the full summary
Appeal from a judgment for the plaintiff", rendered by George W. Parker, justice of the District Court in the city of New York, for the Third Judicial District. The action was brought by the assignor of the claims of certain discharged conductors of the cars of the defendant to recover the aggregate of sums of money varying from ten to fifteen dollars, earned by the conductors just previous to their discharge. At the trial it was not disputed that the wages were earned, and the defense rested upon the allegation and proof offered in its support, that the conductors violated the following…
1Opinion of the Court
Chables P. Daly, Chief Justice,
delivered orally the opinion of the court, which was, that the agreement was for liquidated damages ; that it was intended to provide against uncertain damages, and it was quite clear that in a casa-of such a character the loss to the company would be much larger Than it would be able to prove bv the specific dishonest violations of the rule that might come to their knowledge ; that the drivers violated the rule, fully comprehending their liability, and, under the circumstances, the sum of $15 was not oppressive. It was also, in the opinion of the court, clear…
2Cited by4 opinions
- Ressig v. Waldorf-Astoria Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Gallagher v. Christopher & Tenth Street RailroadNew York Court of Common Pleas · 1888
- Rozen v. Dry-Dock, East Broadway & Battery RailroadNew York Court of Common Pleas · 1894
- Hogan v. BurtonNew York Supreme Court · 1889