St. Louis, Iron Mountain & Southern Railway Co. v. Pickett
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Joel D. Conway, Judge. Appellee’s failure to demand the penalty or exemplary damages at the time he was paid amounts to an election to abandon such claim, or a waiver thereof. Herm. Estop. 955; 15 Wall. 154; 27 Ark. 367; 135 Mass. 172; 87 N. Y. 166; 10 JBlatchf. 178; 59 Mich. 179; 2 Hill, 288; 2 Lans. 283; 15 C. B. 145; S. C. 80 Eng. C. L. 145; 121 N. Y. 161; S. 0. 18 Am.
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Appeal from Miller Circuit Court. Joel D. Conway, Judge. Appellee’s failure to demand the penalty or exemplary damages at the time he was paid amounts to an election to abandon such claim, or a waiver thereof. Herm. Estop. 955; 15 Wall. 154; 27 Ark. 367; 135 Mass. 172; 87 N. Y. 166; 10 JBlatchf. 178; 59 Mich. 179; 2 Hill, 288; 2 Lans. 283; 15 C. B. 145; S. C. 80 Eng. C. L. 145; 121 N. Y. 161; S. 0. 18 Am. St. 803; 31 Mich. 309; L. R. 8 0. P. 309; 115 N. Y. 393; 46 Ark. 221; 92 H. S. 382. The burden of proof is on the party seeking to show that a receipt in full should not be given effect…
1Opinion of the CourtBunn, C. J.
The appellee, who was plaintiff in the court below, was, on the 15th December, 1898, employed by the appellant, the defendant in the court below, as baggage master at the stipulated price of $65 per month. It appears from the testimony, as alleged in the defendant's answer, that he was employed as an extra man, — that is to say, he was assigned to work as the exigencies of the service demanded, and was paid by the day for the days he actually worked.
On the 27th day of January, 1899, he was discharged, and his actual wages due were paid, except that the plaintiff claimed that one day more than…
2Cases cited1 opinion
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BryantSupreme Court of Arkansas · 1909
- Bearden v. WyethDistrict Court, E.D. Pennsylvania · 2006
- Chicago, Rock Island & Pacific Railway Co. v. LangleySupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. WalshSupreme Court of Arkansas · 1908
- Hanson v. McLeodSupreme Court of Arkansas · 1927
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