St. Louis, Iron Mountain & Southern Railway Co. v. McClerkin
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Appellee sued appellant in a justice’s court, alleging that appellant was a corporation; that he was employed by it on May 28, 1907, and was to be paid $108 per month, and that he continued in its employ until June 11, following, a period of fifteen days, when he was discharged and refused further employment by the appellant.
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Appeal from Drew Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Appellee sued appellant in a justice’s court, alleging that appellant was a corporation; that he was employed by it on May 28, 1907, and was to be paid $108 per month, and that he continued in its employ until June 11, following, a period of fifteen days, when he was discharged and refused further employment by the appellant. That there was due him at the time of his discharge $54, and that he asked that the money or a valid check be be sent to him at Monticello, Arkansas, a station of the defendant at which an…
1Opinion of the CourtWood, J.
(after stating the facts). Before appellee can recover the penalty claimed by him under the statute quoted above, he must show that he has strictly complied with its terms, for the statute is highly penal.
The appellee does not show that he made a request “of his foreman or the keeper of his time to have the money due him, or a valid check therefor, sent to any station where a regular agent is kept.”
It appears that he (appellee) was employed by one Wright, who was the division agent having supervision of agents. He was, therefore, the “foreman” of appellee or “the keeper of his time,” in the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. BaileySupreme Court of Arkansas · 1908
3Cited by10 opinions
- Biggs v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Durant v. Industrial Products Manufacturing Co.Missouri Court of Appeals · 1951
- McCourt Manufacturing Corp. v. RycroftSupreme Court of Arkansas · 2009
- Bush v. ColemanSupreme Court of Arkansas · 1917
- Lusk v. JonesSupreme Court of Arkansas · 1917
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