Legal Opinion

Schreiber v. Northam

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 159PublishedCited by 1 opinion

Appeal, No. 159, April T., 1915, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1914, No. 38, for defendant n. o. v. in case of Elizabeth Schreiber v. John A. Northam, Executor of Albert Fabel, deceased. Assumpsit for services. Before Prather, P. J. . The facts are stated in the opinion of the Superior Court.

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Appeal, No. 159, April T., 1915, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1914, No. 38, for defendant n. o. v. in case of Elizabeth Schreiber v. John A. Northam, Executor of Albert Fabel, deceased. Assumpsit for services. Before Prather, P. J. . The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict in favor of Elizabeth Schreiber for treating feet for Mrs. Fable: 113 week at $1.00, $113.00; as domestic nurse for 28 weeks, at $7.00 a week, $196.00; for hospital service 28% weeks at $5.00 per week, $142.50; interest from August…

1Opinion of the Court

Opinion by

Kephart, J.,

The claimant successfully established contracts with Albert Fabel, the decedent, for certain services to be rendered to his mother, and that such services were duly performed. Do all of these services come”under the rule which governs the services of a domestic? As stated in McConnell’s App., 97 Pa. 31: “Where a person serves in the capacity, of a domestic servant, and no demand *485for payment of wages is made by the servant for a considerable period after such service has terminated, the presumption is either that the wages have been paid, or that the service was to be…

2Cases cited2 opinions

  1. Cummiskey's EstateSupreme Court of Pennsylvania · 1909
  2. McConnell's AppealSupreme Court of Pennsylvania · 1881

3Cited by1 opinion

  1. Klees's EstateSuperior Court of Pennsylvania · 1916

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