Malickson v. Louis J. Bergdoll Motor Co.

Citations

• 53 Pa. Super. 185
• 1913 Pa. Super. LEXIS 151

Syllabus

<p>Master and servant — Discharge—Incompetency—Evidence—Charge of court — Mitigation of damages.</p> <p>1. In an action by an employee against his employer to recover salary after an alleged wrongful discharge, the plaintiff in order to establish a prima facie case need only to show the contract and his discharge. The burden is then shifted to the defendant to show that the plaintiff had failed to perform his contract, and that the discharge was therefore lawful.</p> <p>2. Where the general purchasing manager of an automobile company is discharged on the ground of alleged incompetency in overstocking the company by his purchases, and in selling material at cut prices contrary to agreements which his company were bound by, and the evidence is contradictory, the trial judge commits no error in charging in substance that it was not incumbent for plaintiff to be so perfect as never to have made a mistake, and that if he discharged the duties of his position in a proper way and according to the instructions that were given to him, and in accordance with the manner of conducting the automobile business as he was given to understand it, and of loyalty to his employer, he could recover.</p> <p>3. In such a case where the defendant shows in mitigation of damages that the plaintiff had engaged in a partnership business after his discharge, and a question is raised as to the value of the good will of the partnership, it is not error for the trial judge to express an opinion to the effect that the jury would have to arrive at any value of such good will in a very careful manner because the' testimony with regard to it was uncertain, if the evidence shows that the partnership had only been in existence seven months, had made a very small profit, and no facts are disclosed on which the jury could do more than make a guess about the value of the good will.</p> <p>4. Where an employee of an automobile company is discharged for alleged incompetency, and the president of the company