White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-05-19
REVERSE LOWER COURT
IN SHEEPHEROERS' PAY

Judgment was ordered in the dis
trict court reversing the decision in
the Justice court in the suit of +. n
Dominiek against Axel Bellander to
recover an additional amount in
wages and damages claimed by the
plaintiff while engaged as a sheep
herder for the defendant
The case was brought in the dis
trict court on appeal by Axel Bel
lander. through his attorney, J NJ.
Lockhart. F.. n. Dominick. the ap-
rellee. was represented by c. f.
Handwright.
From the evidence introduced at
the trial il appears that Dominick
was engaged by Bellander TO herd
sheep. He vas engaged in Ely and
secured transportation TO the Bel
lander ranch on the truck of Glen
Bellander. a nephew of Axel Belland-
err. who is employed IN a store at Ba-
ker and engaged in the trucking
business. Dominick testified that he
did not think he was treated right
after reaching Baker and wrote a
note to Mr.. Bellander telling him so.
He claimed that he was told that he
was not needed il he did not wan to
stay after he reached the sheep camp.
and after telling of an argument held
with the camp tender relative to the
handling of sheep he departed for
Ely.
The testimony of the camp tender.
Earnest Want. was to the effect that
he did not have the authority to dis
charge the herder and that he did
not do so. but that the herder left
him alone with the sheep after an
argument as to the form OF turning
over the herd to him and started for
town.
Axel Hellauder testified that he
employed the man and had an under
standing with him that he was to pay
his own transportation to the ranch
or that it would be paid and later de
Quoted from his wages. He said that
he did not discharge the herder. and
as to the question of furnishing
him with food. he had not told him
that he could eat at the ranch house
until he could be taken out the next
day to the sheep. According to the
testimony of Mr.. Bellander. he was
notified late in the evening by a tel
ephone message from Oseeola that
DOminick had left the sheep camp
and that the camp tender was alone
with the flock. with the prospects of
a snowstorm approaching. He said
that the mex time he heard from the
herder was a letter received from Ely
demanding his wages. and that he
sent him $40 and a receipt for s.
for transportation charges from Els
to Baker, which was refused and re.
turned by Dominick.
Argument was introduced by At.
T torney Handwright to show that
breach OF contract was made by Bel
lander and that his client was en-
titled to pay from the time he lef
Fly and damages under the act oI
. the legislature passed in 1918. pro
' yiding a penalty for Withholding this
I pay of an employe. amounting in tn,
: aggregate TO around $500.
Attorney Loekhart argued that tn,
. evidence introduced, and even tina
given by Dominick. had determined
: that the breach of contract was OF
the part OF the herder and not his
employer. for the reason that the
herder had quit his Job without no
tice to Bellander and left the shee,
: and could only be entitled to pay FOR
: the time he was employed,
!, Judgment with costs was ordered
/, by the court in favor of appellant
, Bellander and the $40 which hat
+ been returned by Dominick to Bel
lander and which had been turned
: into court was rendered to Dominick
. Upon the statement by Dominick tha'
he could not pay costs attorney fol
appellant claimed the amount to ap
ply on the cost bill.