Legal Opinion

Seiders's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1863PublishedCited by 12 opinions

Error to the Common Pleas of Berhs county. This was an appeal by Daniel Seiders and other creditors of the firm of Bertolet & Co., from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the personal property-of that firm. The case was this: — ’Bertolet & Co. owned and carried on a rolling-mill in the city of Reading, Berks county, at which they manufactured plate and bar-iron, and employed a large number of workmen.

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Error to the Common Pleas of Berhs county. This was an appeal by Daniel Seiders and other creditors of the firm of Bertolet & Co., from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the personal property-of that firm. The case was this: — ’Bertolet & Co. owned and carried on a rolling-mill in the city of Reading, Berks county, at which they manufactured plate and bar-iron, and employed a large number of workmen. These workmen consisted, first, of those who worked for a certain sum per day; and secondly, those who worked, as it is termed, “ by the piece,” or…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

We decide

1st. That under the Act of Assembly of 2d April 1849, *61Purd. 885, all laborers employed by the persons or companies referred to in the act are entitled to its benefits, whether the wages agreed to be paid them are measured by time, or by the ton, or by the piece, or any other standard.

2d. By laborers we mean those who perform with their own hands the contract they make with the employer; and where the nature of the work contracted for is of a nature to require helpers of the chief workman, and he employs his helpers, he is to be…

2Cited by12 opinions

  1. Hamberger v. MarcusSupreme Court of Pennsylvania · 1893
  2. First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
  3. Danziger v. FerberSupreme Court of Pennsylvania · 1922
  4. McCloskey v. Northdale Woolen MillsSupreme Court of Pennsylvania · 1929
  5. Chapman v. A. H. Averill Machinery Co.Idaho Supreme Court · 1915

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