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Case brief 14 - Holding The court was in error in saying it...

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Case brief 14: Supreme Court of Pennsylvania. Hertzog v. Hertzog (1857). Facts: In this case, the son remained in the employment of his father until he was about forty years old. While living with his father, in 1842, he got married, and brought his wife to live with him in the house of his parents. Afterwards his father placed him on another farm of his father, and very soon followed him there, and they all lived together until the father's death in 1849. The farm was the father's, and it was managed by him and in his name, and the son worked on it under him. No accounts were kept between them, and the presumption is that the son and his family obtained their entire living from the father while they were residing with him. Issue: The contract of hiring was an express one or implied one when a son remained in the employment of his father?
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Unformatted text preview: Holding: The court was in error in saying it might be inferred. Judgment reversed and a new trial awarded. Rationale: According to the act, if a man if a man is found to have done work for another, and there appears no known relation between them that accounts for such service, the law presumes a contract of hiring. But in this case, the employer was the owner’s son, so they had relation between the two parties. So it is not implied contract in this aspect. On the other hand, if a son in the employment of his father, we did not infer a contract of hiring, because the principle of family affection was sufficient to account for the family association, and did not demand the inference of a contract. Like this present case, the son worked for his father, so the express contract had been proved....
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