Plymouth Coal Co. v. Kommiskey

Citations

• 116 Pa. 365
• 9 A. 646
• 1887 Pa. LEXIS 401

Syllabus

<p>A miner contracted ■with a coal company to furnish his own labor and supplies and to mine coal at certain rates. It was the usage of the company, when the time of a laborer employed by the miner was returned, to pay him and charge the miner’s account. In a suit by a laborer against the company to recover pay for his time, he testified that, when he called on the company for his pay, the paymaster informed him that his time had been returned by the miner but the latter had drawn his own account in full. The paymaster testified that the plaintiff’s time had not been returned, and that in fact he did not know that plaintiff had been in the miner’s employ until after the latter had closed his account: Held,</p> <p>1. That the obligation of the company to pay the laborer could only exist when his time was turned in before the miner’s account had been fully drawn.</p> <p>2. That it was the laborer’s duty to see that the miner made a proper return of his labor; and whether or not such return was made was a question for the jury and not for the court.</p>