Robinson v. City of Perry

• Decision Date: 11 February 1913
• Parties: ROBINSON v. CITY OF PERRY.
• Court: Oklahoma Supreme Court

130 P. 276

35 Okla. 475, 1913 OK 117

ROBINSON v. CITY OF PERRY.

Supreme Court of Oklahoma

February 11, 1913

Syllabus by the Court.

The proviso contained in section 4057, Comp. Laws 1909 (Act March 22, 1909 [[[Laws 1909, c. 39, art. 4]), is an "emergency" measure; and it is not contemplated thereby that a man employed by a city as an engineer at its waterworks plant should recover for extra time over eight hours provided for therein, where the same is devoted by him to performance of his ordinary and usual duties.

Error from Noble County Court; L. B. Robinson, Judge.

Action by Harry M. Robinson against the City of Perry. Judgment for defendant, and plaintiff brings error. Affirmed.

George G. Graham, of Norman, for plaintiff in error.

Chas R. Bostick, of Perry, for defendant in error.

DUNN J.

This case presents error from the county court of Noble county. From the petition and evidence it appears plaintiff in error was employed as an engineer at the waterworks plant of the city of Perry, his service beginning on the 1st day of June 1910; that during the period of his said employment, by reason of the fact that no one was provided to relieve him he was compelled to remain and render service for twelve hours each day, instead of eight hours, as provided for by section 4057, Comp.

Laws 1909 (Act March 22, 1909 [Laws 1909, c. 39, art. 4]); that on leaving the employ of the city he presented his verified claim to the city council for the amount due him for the time served in excess of eight hours per day, which was by the council rejected, and recovery was denied in an action therefor in the county court. The case has been prosecuted to this court to secure a review of the judgment rendered.

The statutes involved (sections 4057, 4058, Comp. Laws 1909) read as follows:

"4057. Eight hours shall constitute a day's work for all laborers, workmen, mechanics, prison guards, janitors of public institutions, or other persons now employed or who may hereafter be employed by or on behalf of the state of Oklahoma, or by or on behalf of any county, city, township or other municipality of this state, except in cases of extraordinary emergency which may arise in time of war, or in cases where it may be necessary to work more than eight hours per calendar day for the protection of property or human life: Provided, that in all such cases the laborers, workmen, mechanics or other persons so employed and working to exceed eight hours per calendar day shall be paid on the basis of eight hours constituting a day's work: Provided, further, that not less than the current rate of per diem wages in the locality where the work is performed shall be paid to laborers, workmen, mechanics, prison guards, janitors in public institutions, or other persons so employed by or on behalf of the state of Oklahoma, or any county, city, township, or other municipality of said state; and laborers, workmen, mechanics, or other persons employed by contractors or subcontractors in the execution of any contract or contracts within the state of Oklahoma, or within any county, city, township, or other municipality

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