McGovern v. Western Railroad
New York Supreme Court
This is an appeal from a judgment entered -upon the report of a referee in favor of the defendants. The action was brought by the plaintiff to recover compensation for extra services rendered by the plaintiff for the defendants, in the capacity of night watch, Sunday nights, at the defendants depot at Chatham Four Corners, from January 8th, 1854, to April 1st, 1858, at one dollar per night, which the plaintiff claims was agreed upon between himself and one Lee, the agent of…
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This is an appeal from a judgment entered -upon the report of a referee in favor of the defendants. The action was brought by the plaintiff to recover compensation for extra services rendered by the plaintiff for the defendants, in the capacity of night watch, Sunday nights, at the defendants depot at Chatham Four Corners, from January 8th, 1854, to April 1st, 1858, at one dollar per night, which the plaintiff claims was agreed upon between himself and one Lee, the agent of the defendants. The plaintiff entered the defendants’ employment on the 24th February, 1848, as a night watch during…
1Opinion of the Court
By the court, The referee has found among other facts, in substance, that the plaintiff during all the time he worked for the defendants was hired by the month, at from $20 to $24 per month, and received the pay and signed the pay rolls ; that Gray was the general superintendent during all the time the plaintiff was in the defendants’ employment; that the authority of Day, Lee/ and Knight to employ workmen was subject to Gray’s approval, and that Gray never authorized them to pay the plaintiff any greater sum than he was receiving as his month’s wages; that the plaintiff was informed soon…
2Cases cited2 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- McBride v. Farmers' Bank of SalemNew York Court of Appeals · 1863
3Cited by1 opinion
- McCormack v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1895