Glennon v. Lebanon Mfg. Co.

Citations

• 140 Pa. 594
• 21 A. 429
• 1891 Pa. LEXIS 878

Syllabus

<p>1. In an action brought by an employee for bis wages, the employer, under the plea of non-assumpsit, may prove a loss suffered by reason of the negligent and unskilful manner in which the work was performed, as a pro tanto defence to the plaintiff’s claim.</p> <p>2. When the employee was hired to do certain mechanical work, at so much per day, such defence is available, not only as to the wages of the partícula!1 days upon which the negligence occurred, but also as to the wages earned by the employee upon other days.</p> <p>3. As to the latter, the rule that unliquidated damages arising from a tort, in a separate transaction, cannot be set off in assumpsit, does not apply; for (a) the defence is an equitable one, grounded upon a breach of the contract by the servant, and (5) such hiring is an entire contract.</p>