104 N.Y.S. 941 | N.Y. App. Div. | 1907
This is the case of a teacher receiving salary for a given position and suing to recover the difference between such salary and that provided for a higher grade or position. The school in which she was employed had less than twelve and more than five classes. The defendant’s by-laws provided that women principals, heads of departments and assistants to principals- of such schools after three years’ service should receive $1,600. A like salary was provided
The judgment should be reversed.
IilESOHBEKG, P. J., WoODWAED, JeNKS and HoOKEE, JJ., concurred. , .
Judgment reversed and new trial granted, costs to abide the event.
See Laws of 1897, chap:878, § 1091, as. amd. by Laws of 1899, chap: 417; Laws of 1900, chap. 7.51, and Laws of. 1901, chap. 466.—[Rep.
Laws of 1897, chap.-378.— [Ref.
Laws of 1901, chap. 166.— [Ref.
Laws of 1901, chap. 466, as amd. by Laws of 1901, chap. 718.— [Rep.
See note ante, p. 546; Laws of 1897, chap. 378, § 1114, as amd. by Laws of 1901, chap. 466, § 1093; Laws of 1897, chap-. 378, § 1117, as amd. by Laws of 1899, chap. 644, and Laws of 1901, chap. 466, § 1101; People ex rel. Callahan v. Board of Education (174 N. Y. 169).— [Bep.