YATES v. SALEM


342 Mass. 460 (1961)

174 N.E.2d 368

ROBERT F. YATES vs. CITY OF SALEM.

Supreme Judicial Court of Massachusetts, Essex.

April 27, 1961.


Attorney(s) appearing for the Case

Joseph P. McKay, for the plaintiff.

Alfred A. Dobrosielski, City Solicitor, for the defendant.

Present: WILKINS, C.J., SPALDING, WILLIAMS, CUTTER, & KIRK, JJ.


WILLIAMS, J.

The plaintiff, a regular police officer of Salem, brings this action of contract to recover from the city wages alleged to be due from October 18, 1959, to the date of the writ, December 1, 1959. The case was presented to a judge of the Superior Court on a statement of agreed facts. Therein it appeared that on September 16, 1958, his "day off," the plaintiff was assigned by his superior officer to perform traffic duty for a private contractor who was...

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