Bee v. San Francisco & Humboldt Bay Raillroad

Citations

• 46 Cal. 248
• 1873 Cal. LEXIS 166

Syllabus

<p>Pay of Superintendent of Bailroad Company. — If there is no special agreement fixing the amount the Superintendent of a railroad company shall receive for his services as Superintendent, he is entitled to recover the value of such services.</p> <p>Duty of Superintendent of a Bailroad Company.—If the Superintendent of a railroad company, at the request of the company, before work is commenced in the field, performs work which is not technically within the line of a Superintendent’s duty, it will be presumed that in doing the work he acted in his capacity as Superintendent.</p> <p>Conversations with Directors of a Corporation as Evidence.—In an action by the Superintendent of a railroad company brought against the company to recover the value of his services as Superintendent, if the company claim that his salary had been fixed at a stipulated sum, conversations between the plaintiff and Directors of the company are admissible in evi' dence to show that he dissented from the amount of salary proposed for him by the Directors, and that he did not consider his salary as fixed at a stipulated sum.</p> <p>Error Which Dobs no Harm.—A judgment will not be reversed for the admission of irrelevant testimony, if the findings show that the testimony was not taken into consideration in rendering judgment.</p> <p>Employe op Corporation.—The action of the Board of Directors of a cor' poration, when in session, is not required, merely to direct the labor of an employé of the corporation.</p>