O'Boyle v. City of Detroit
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit by Terrence O’Boyle against the city of Detroit for work and labor. Prom a judgment for plaintiff, defendant brings error. Plaintiff was employed by the board of park and boulevard commissioners of the city of Detroit on May 15,1897, as driver of one of the park phaetons. He remained in that service until September 27, 1897, when he was dismissed. He was employed again a short time in the month of October. He was paid weekly.
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Error to Wayne; Hosmer, J. Assumpsit by Terrence O’Boyle against the city of Detroit for work and labor. Prom a judgment for plaintiff, defendant brings error. Plaintiff was employed by the board of park and boulevard commissioners of the city of Detroit on May 15,1897, as driver of one of the park phaetons. He remained in that service until September 27, 1897, when he was dismissed. He was employed again a short time in the month of October. He was paid weekly. He and other drivers were paid by the day, regardless of the amount of work done. The number of hours worked depended upon the…
1Opinion of the CourtGrant, J.
(after stating the facts). Mr. Bolger, the superintendent, had no authority to fix the wages to be paid plaintiff. That was, by the charter, intrusted solely to the board of park commissioners. No express contract as to wages appears to have been made, but his receiving *17pay at $1.50 a day fixed the contract price. It was the duty of the plaintiff to make his contract with the proper city authorities, and, if he desired to claim overtime, he should have made arrangements with the commissioners. I think the case is clearly ruled by Bartlett v. Railway Co., 82 Mich. 658 (46 N. W. 1034), and…
2Cases cited3 opinions
- Bartlett v. Street Railway Co.Michigan Supreme Court · 1890
- Timmonds v. United StatesCourt of Appeals for the Seventh Circuit · 1898
- Davis v. Detroit Boat WorksMichigan Supreme Court · 1899
3Cited by7 opinions
- Gathemann v. City of ChicagoIllinois Supreme Court · 1914
- Schoonover v. City of ViroquaWisconsin Supreme Court · 1944
- State v. WoolleySupreme Court of Delaware · 1953
- Gadd v. City of DetroitMichigan Supreme Court · 1906
- Bidwell v. Grand Trunk Western Railway Co.Michigan Supreme Court · 1907
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