Page:Federal Reporter, 1st Series, Volume 7.djvu/655

 LEATHEEBEEBT V. ODELL ' 643 �their arguments have shown consumniate skm in marshal- ling and arraying on both sides the mass of conflicting evi- dence in as lucid a manner as was possible. �I will not attempt to rehearse the evidence, as my notes are not full,; and I would haveio depend upon my memory. Under such eircumstances, if I were to attempt to repeat the evidence, I would naturally arrange and present it in the order in which it bas opera ted upon my mind, and I would thus, unintentionally, indioate; tny opinion, and in some' degree influence your verdict. I desire to leave all questions of rfact to your determination; unbiased by any intimations of the court. As the counsel in their arguments have so ably and elaborately presented the rights of their clients, I hope you will be able to arrive at correct conclusions, and render a just verdict, The principles of law involved in this controversy are plain and simple, are founded in reason aind justice, and are well established by adjudications in the courts. �The plaintiff alleges that she entered into a special con- tract with the defendants to serve them as a superiiitendent, and as a cutter and otter, in a ladies' dress-making establish- ment in the city of Greensboro, for the entire term of one year, at the sum of $600, payable in monthly instalments of $50; and the defendants engaged also to payfor her board.lodging, and washing, and her traveling expenses to and from Balti- more, and her traveling expenses to be incurred in two visits to her home during the year of her employment; and the defendants, without any sufficient cause, dismissed her from their employment at the end of three months. �In the complaint there is no common count for work and labor performed, and it is conoeded that she received pay- ment for services performed, for board and washing for three months, and also her traveling expenses from Baltimore. �It is incumbent on the plaintiff to prove by a preponder- ance of testimony the material allegations in her complaint which are denied in the answer. If she bas proved to your satisfaction that she entered iiito a contract with the defend- ants to serve them one year upon the terms set forth in her ��� �