Seiler v. New York Ice Cream & Creameries, Inc.

Citations

• 71 Pa. Super. 32
• 1919 Pa. Super. LEXIS 22

Syllabus

<p>Master and servant — Action for salary — Testimony—Boohs of account.</p> <p>In an action by an employee against his employer-for salary it is not error for the court to refuse to permit a witness for the defendant to testify that the books of defendant showed that payments of salary had been made to plaintiff, if it appears that the books were not offered in evidence, and the witness was permitted to testify fully as to all payments.</p> <p>Where a servant has been wrongfully discharged, he is prima facie entitled to wages for the full term provided by the contract of employment, and the burden of proving he did work, or might have worked, during the period, is upon defendant.</p> <p>In such a case tried by the court without a jury, the failure of the judge to give all the damages warranted by the evidence, is an injury to plaintiff, of which defendant has no right to complain.</p>