Collins v. New England Iron Co.
Massachusetts Supreme Judicial Court
Contract to recover of the defendant the sum of $39.00, a balance due the plaintiff for personal services as water-tender in the defendant’s rolling mill, at Readville.
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Contract to recover of the defendant the sum of $39.00, a balance due the plaintiff for personal services as water-tender in the defendant’s rolling mill, at Readville. Trial in the Superior Court before Putnam, J., who after a verdict for the plaintiff, allowed the following bill of exceptions : “ It was agreed that the plaintiff was hired for such services as the rate of two dollars per day, but the defence was that the plaintiff made a special contract at the time of the hiring by which he was to give two weeks’ notice before the time of his leaving, or forfeit his wages; that the rules…
1Opinion of the CourtMorton, J.
The custom which the defendant offered to
prove cannot affect the plaintiff unless he had knowledge of it. As the defendant did not offer to show that the plaintiff knew of such custom, the court properly rejected evidence of its existence. Stevens v. Reeves, 9 Pick. 198. Dodge v. Favor, 15 Gray, 82.
The defence in this case was that the defendant’s rules provided that if a workman left without giving two weeks’ notice he should forfeit what money might be due him at the time of leaving; that the plaintiff knew of this rule and had forfeited the wages due him by leaving without notice. The…
2Cited by8 opinions
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Georgia Pacific Railway Co. v. DooleySupreme Court of Georgia · 1890
- Taylor v. MuellerSupreme Court of Minnesota · 1883
- Preston v. American Linen Co.Massachusetts Supreme Judicial Court · 1876
- Babikian v. BrownMassachusetts Supreme Judicial Court · 1936
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