McCarthy v. Murray

Citations

• 41 Pa. Super. 482
• 1910 Pa. Super. LEXIS 253

Syllabus

<p>Master and servant — Compensation—Evidence—Case for jury.</p> <p>In an action against an executrix, who was sole legatee of her husband, to recover compensation for services, where the plaintiff testifies positively, although contradicted by the defendant, that immediately after the decedent’s death the defendant promised to pay him the same compensation that he received from the decedent, which was a certain amount per week and a certain stated extra compensation at the end of the year, and the plaintiff’s testimony as to the extra compensation, there being no dispute about the weekly wages, is corroborated to some extent by declarations of the executrix, and by the fact that plaintiff did night work as an extra service, the case is for the jury, and if a verdict and judgment is rendered for plaintiff it is error for the court to set it aside and enter judgment for defendant non obstante veredicto.</p>