Harrington v. Fall River Iron Works Co.
Massachusetts Supreme Judicial Court
Contract on an account annexed, for services in the defendant’s mill during fifteen days in the month of May, 1873. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows: No question was made at the trial as to the amount due, if the plaintiff was entitled to recover.
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Contract on an account annexed, for services in the defendant’s mill during fifteen days in the month of May, 1873. Trial in the Superior Court, before Wilkinson, J., who allowed a bill of exceptions in substance as follows: No question was made at the trial as to the amount due, if the plaintiff was entitled to recover. It appeared that the plaintiff on entering the employ of the defendant signed an agreement, a copy of which is printed in the margin; * that, after working for the defendant a short time, that part of the works in which he was laboring suspended operations, and he ceased to…
1Opinion of the CourtGray, C. J.
If, as the jury have found under the instructions of the court, the plaintiff was kept from his work by sickness, and gave reasonable notice thereof to the defendant, and was absent only so long as he was so disabled, his absence was not wilful or intentional, and did not forfeit his right to his wages, either under the contract of the parties, or by the general rules of law. Naylor v. Fall River Iron Works, 118 Mass. 317. Noon v. Salisbury Mills, 3 Allen, 340. Fuller v. Brown, 11 Met. 440. Caden v. Farwell, 98 Mass. 137. Exceptions overruled.
2Cases cited2 opinions
- Caden v. FarwellMassachusetts Supreme Judicial Court · 1867
- Naylor v. Fall River Iron Works Co.Massachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Johnson v. WalkerMassachusetts Supreme Judicial Court · 1892
- Hathaway v. CroninMassachusetts Supreme Judicial Court · 1938
- Williams v. ButlerIndiana Court of Appeals · 1914
- McClellan v. HarrisSouth Dakota Supreme Court · 1895
- Danville v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1882
1 more not listed; retrieve them via the Exa API.