Lake Erie & W. Ry. v. Tierney

Citations

• 19 Ohio C.C. Dec. 83

Syllabus

<p>DAMAGES — MASTER AND SERVANT — WORK AND LABOR.</p> <p>Norris, Vollrath and Hurin, JJ.</p> <p>1. Dismissal of Negligence Suit is Sufficient Consideration for Contract for Future Employment.</p> <p>The dismissal -of a suit for damages, brought by an injured employe of a railroad company, is a sufficient consideration for a contract for his future employment so long as his services are satisfactory.</p> <p>[For other eases in point, see 2 Cyc. Dig., “Contracts,” § '444. — Ed.]</p> <p>2. Dissatisfaction must bf. Reasonable to Effect Discharge.</p> <p>Dissatisfaction with such services, such as to justify a discharge, must be a reasonable dissatisfaction and not an arbitrary one.</p> <p>3. Discharge of Employe for Unsatisfactory Services.</p> <p>The good faith of the company in claiming such services to be unsatisfactory will not alone justify the discharge, if the services rendered were, in fact, such as ought to have been satisfactory to a reasonable employer.</p> <p>[For other cases in point, see 6 Cyc. Dig., “Master and Servant,” §§ 36-39. —Ed.]</p> <p>4. Measure of Damages for Breach of Employment Contract.</p> <p>The measure of damages for the breach of such contract for employment is the amount of money which the employe would have earned at the stipulated salary from the time of his discharge to the time of the trial, together with the amount he could in future earn in the time during which he could reasonably be expected to serve, taking into account his age and state of health, and deducting whatever amounts he could reasonably have earned at other employment since his discharge, and what he might so earn in the future by reasonable diligence.</p> <p>[For other cases in point, see 3 Cyc. Dig., “Damages,” §§ 938, 939, 944, 946. —Ed.]</p> <p>[Syllabus by the court.]</p>