Mathison v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 3d day of July, 1901, upon the report of a referee. In 1882 the plaintiff was employed by the defendant as engine dispatcher at a station called Chatham upon defendant’s road.
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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Columbia on the 3d day of July, 1901, upon the report of a referee. In 1882 the plaintiff was employed by the defendant as engine dispatcher at a station called Chatham upon defendant’s road. The duties of such position at the time of his employment were the inspection and repairing of engines and running of engines in cases of emergency. A switch engine was run at this station by another engineer.…
1Opinion of the Court
Smith, J.:
I am unable to find any legal justification for the judgment rendered. There are authorities holding that in certain cases where the extra service required is entirely without the sphere of the service for which the contract was made, or where the extra service exacted was such as required special skill or qualifications, in such case the law will imply an agreement for extra compensation. This rule is based upon the probability that for such service there was an intention on the part of the master to pay extra compensation upon which the servant might rely. But this rule must be…
2Cases cited1 opinion
- Smith v. . the Long Island R.R. Co.New York Court of Appeals · 1886
3Cited by7 opinions
- Robinette v. Hubbard Coal Mining Co.West Virginia Supreme Court · 1921
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MarableIndiana Supreme Court · 1919
- McGuire v. Interurban Railway Co.Supreme Court of Iowa · 1924
- Gutweiler v. LundquistMissouri Court of Appeals · 1919
- Carlin v. DaySupreme Court of Iowa · 1917
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