Legal Opinion

Bachelder v. Bickford

Supreme Judicial Court of Maine

Decided July 1, 1872PublishedCited by 5 opinions

On exceptions to the ruling of the justice of the superior court. Assumpsit to recover $57.90 for labor performed by plaintiff for the defendants in their grist mill.

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On exceptions to the ruling of the justice of the superior court. Assumpsit to recover $57.90 for labor performed by plaintiff for the defendants in their grist mill. The cause was submitted to the presiding judge, who found these facts: that the plaintiff was hired by the defendants to work for them in their mill, on or about the twenty-ninth day of May, 1865, at eight shillings per day, payable weekly ; that at times it was necessary to run the mill all night; that it was customary, when a man wrought all night, for him to “lay off the next day,” the night work counting for a day’s work;…

1Opinion of the CourtWalton, J.

When a contract to work in a grist mill, at eight shillings per day, to be paid weekly, is silent as to the length of time that shall constitute a day’s work, the rule established by the statutes of this State that “in all contracts for labor, ten hours of actual labor shall be a legal day’s work, unless the contract stipulates for a longer time,” is applicable. R. S., c. 82, § 36. And if *528tlie laborer works nights, after his legal day’s work is done, at the request of his employer, and for his benefit, the law implies a promise on his part to pay for such labor. Acceptance of pay for the day…

2Cited by5 opinions

  1. Robinette v. Hubbard Coal Mining Co.West Virginia Supreme Court · 1921
  2. Schoonover v. City of ViroquaWisconsin Supreme Court · 1944
  3. Thibault v. National Tea Co.Supreme Court of Minnesota · 1936
  4. Hurt v. EdgellSupreme Court of Kansas · 1938
  5. Tanner v. Imperial Recreation Parlors, Inc.Appellate Division of the Supreme Court of the State of New York · 1943

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