Gallagher v. Wayne Steam Co.

Citations

• 188 Pa. 95
• 41 A. 296
• 1898 Pa. LEXIS 580

Syllabus

<p>Master and servant — Wrongful discharge — Evidence.</p> <p>In an action by an employee against his employer to recover a balance of salary after an alleged wrongful discharge, where the plaintiff alleges that his discharge was prompted solely by defendant’s desire to get clear of paying his salary, it is proper to admit evidence that defendant employed another person at half the salary which was paid to the plaintiff; and this is the ease although the defendant replies that the new employee was to perform only half the work. All the evidence on the subject is for the jury.</p> <p>In an action by an employee against his employer to recover a balance of salary after an alleged wrongful discharge, it appeared that the plaintiff had been a superintendent of the defendant, a steam company. He had been first employed by a parol agreement, and there had been some dissatisfaction with the way in which he had performed his services. Subsequently it was agreed in writing that he should take charge of the plant of the company and manage it to the best of his ability, subject to the directions of the officers of the company as conveyed to him by the secretary, and that he would “ carry out said directions cheerfully, faithfully and promptly.” He was also to take charge of work given the company by a partnership of which the secretary of the company was a member. The contract further provided that if the company undertook to do certain work according to a theory contrary to plaintiff’s judgment it would release him from any liability as to successful results. It was also provided that plaintiff should not be responsible for the successful heating of houses according to the rules of the American District Steam Company. Sometime after the contract was signed he received a letter written by the secretary of the company, but signed by the name of the firm of which the secretary was a member, directing him to do certain work according to the rules of the American District Steam Co