Smith v. Buffalo Street Railroad
New York Supreme Court
Appeal from a judgment of the Erie County Court, entered upon a verdict of a jury in favor of the plaintiff, and also from an order denying a motion for a new trial made upon the minutes of the County Judge.
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Appeal from a judgment of the Erie County Court, entered upon a verdict of a jury in favor of the plaintiff, and also from an order denying a motion for a new trial made upon the minutes of the County Judge. The action was brought to recover twenty-five cents additional pay for each day the plaintiff worked as a car driver for defendant under a sealed contract dated February 7, 1882. By that contract defendant agreed to pay plaintiff one dollar and thirty-five cents for every day’s service rendered the defendant, payable semi-monthly, on the tenth and twenty-fifth days of each month. After…
1Opinion of the Court
Angle, J. :
The contract is for no particular term of service, it however contains the following provisions: “And at the expiration of one year should said second party (the plaintiff) remain and continue in the employ of the said Buffalo Street Railroad Company, and not otherwise, said party of the first part (the defendant) will pay said party of the second part the further sum of twenty-five cents for every day’s services rendered by said second party to said first party during said year, and every year thereafter the second party shall remain and continue in the employ of the first party…
2Cases cited9 opinions
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Zaleski v. ClarkSupreme Court of Connecticut · 1876
- Tyler v. AmesNew York Supreme Court · 1872
- Folliard v. WallaceNew York Supreme Court · 1807
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