Adams v. Pugh
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. The defendants, Pugh and Adams, were partners, and employed plaintiff as a journeyman hatter. The plaintiff alleged in his complaint that he had served the defendants eighteen weeks, and that his services were reasonably worth the sum of fifty dollars per week.
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Appeal from the Superior Court of the City of San Francisco. The defendants, Pugh and Adams, were partners, and employed plaintiff as a journeyman hatter. The plaintiff alleged in his complaint that he had served the defendants eighteen weeks, and that his services were reasonably worth the sum of fifty dollars per week. The defendant Pugh answered, admitting the services, but insisting that plaintiff was only entitled by the agreement between the parties to thirty dollars per week. The defendant Adams made no answer. On the trial before the Court, setting as a jury, it was proven by…
1Opinion of the CourtBurnett, J.
The rule is well settled by repeated decisions of this Court, that the verdict of a jury or the finding of a Court sitting as a jury, will not be disturbed when there is a conflict of testimony. But it is equally well settled that where there is no evidence to sustain a verdict or finding, that it should be set aside and a new trial granted. In this ease it was very fully proven that the usual wages of a journeyman hatter were fifty dollars per week, and that plaintiff was an excellent workman. As to the amount of wages the plaintiff was to receive there was a conflict of testimony, and we…
2Cited by2 opinions
- O'Connor v. DingleyCalifornia Supreme Court · 1864
- Paterson v. CondosNevada Supreme Court · 1934