Wallace v. DeYoung

Citations

• 98 Ill. 638
• 1881 Ill. LEXIS 305

Syllabus

<p>1. Master and servant—extent of employer’s right to services of employee. An employer is entitled to the labor and skill of an employee in the pursuit of the business which he was employed to transact, during business hours, but has no claim to bis labor or earnings before or after such hours.</p> <p>2. Same—an employee may do service for another than his employer out of business hours, or by consent. A person employed by a firm as a book-keeper and accountant, may recover for services rendered to another person at his request out of business hours, and also for services during business hours performed by him with the consent and permission of the firm employing him.</p> <p>8. Instruction—assuming facts not controverted. It is not error for the court, in an instruction, to assume as true certain facts which are admitted or not controverted, but it is error to assume controverted facts to be true.</p>