122 Misc. 413 | City of New York Municipal Court | 1924
On or about March 10, 1922, defendant engaged plaintiff as a motion picture actor to take the part of Francis II in the production “ When Knighthood Was in Flower.” The contract was in writing and provided for an engagement of at least four weeks, commencing on or before April 28, 1922. A “ week ” is defined in the contract as consisting of seven actual working days. Plaintiff rendered services on April seventeenth and eighteenth and was directed to appear at defendant’s studio in Long Island City at nine-thirty a. m. on the following day. The undisputed evidence shows that he left his residence in the Great Northern Hotel, New York city, at about eight o’clock in the morning of the nineteenth; that he had an accident to his eye and went to a physician, who removed a piece of steel therefrom; that he endeavored, through the doctor’s assistant, to reach defendant on the telephone to notify it of the accident, but was unsuccessful; that after applying compresses to his eye he took a taxicab to the
Judgment accordingly.