Matthews v. Park Bro. & Co.

Citations

• 159 Pa. 579
• 28 A. 435
• 1894 Pa. LEXIS 899

Syllabus

<p>Master and servant — Disobedience of orders by servant — Discharge of -servant — Language—Construction for court.</p> <p>It is the duty of an employee to obey the directions of his employer as to the manner in which his work should be done, and the materials he should use; and a neglect or refusal to obey such directions is a breach of the contract, which will justify the employer in discharging him from his service.</p> <p>Where an employee discharged for disobeying orders testifies, in an action against his employer, that the superintendent of the mill in which he was employed forbade him to use sand upon rollers, and directed him to use fire-clay, it is improper for the court to submit to the jury the question whether the superintendent’s language was merely ordinary conversation or a positive order. In such a case, the language being clear, its meaning is a question for the court, and not for the jury.</p>