Bartlett v. Street Railway Co.

Plaintiff was one of the night watchmen in one of the defendant’s horse barns, and as such was employed from December 3, 1888, to September 19, 1889. The contract was for $1.35 per night. He was paid each half month at that rate. After the termination of his service, he brought this suit to recover for extra hours above ten hours per day, basing his right of recovery upon Act No. 137, Laws of 1885, making ten hours a legal day’s work in factories, workshops, etc. The suit was tried before the court without a jury, and judgment rendered for plaintiff.

Several questions are' raised by the…