Wagoner v. Philadelphia
Supreme Court of Pennsylvania
Appeal, No. 200, Jan. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1905, No. 877, on verdict for plaintiff in case of Charles S. Wagoner, Assignee of Wilmer W. Slack et ah, v. City of Philadelphia. Assumpsit for wages. Before Davis, J. The facts are stated in the opinion of the Supreme Court. The court refused binding' instructions for defendant. Verdict and judgment for plaintiff for $3,112.39. Defendant ■ appealed.
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Appeal, No. 200, Jan. T., 1906, by defendant, from judgment of C. P. No. 5, Phila. Co., March T., 1905, No. 877, on verdict for plaintiff in case of Charles S. Wagoner, Assignee of Wilmer W. Slack et ah, v. City of Philadelphia. Assumpsit for wages. Before Davis, J. The facts are stated in the opinion of the Supreme Court. The court refused binding' instructions for defendant. Verdict and judgment for plaintiff for $3,112.39. Defendant ■ appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case holds by assignment the claims of certain bricklayers, who were employed on a per diem basis by the Bureau of Water, Department of Public Works of the city of Philadelphia. By virtue of an ordinance of the city dated June 29, 1894, these bricklayers, in common with other employees of the city, were granted a half holiday on Saturdays, without any deduction being made therefor from the full day’s pay. After January 1, 1903, the department in which they were employed continued to allow the bricklayers the half *381holiday on Saturdays, but…
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