Louisville & Nashville Railroad v. Offutt
Court of Appeals of Kentucky
Case 70 — PETITION ORDINARY APPEAL FROM WARREN CIRCUIT COURT. 1. The law is well settled that in all cases of indefinite employment as, for example, “so long as- the servant may render faithful and honest service,” as in this case, the contract is determinable at the will or option of either party, and the pleadings in this case not only admit the indefiniteness of the time, but also that appellant exercised its right to determine and did end the contract.
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Case 70 — PETITION ORDINARY APPEAL FROM WARREN CIRCUIT COURT. 1. The law is well settled that in all cases of indefinite employment as, for example, “so long as- the servant may render faithful and honest service,” as in this case, the contract is determinable at the will or option of either party, and the pleadings in this case not only admit the indefiniteness of the time, but also that appellant exercised its right to determine and did end the contract. (Wood’s Master & Servant, Secs. 131, 133, 136; Harper v. Hassard, 113, Mass.; Coffin v. Landis, 46 Pa., 431; Bast Line & Red River Ry. Co.…
1Opinion of the Court
JUDGE LANDES
dei.ivered the opinion op the cotibt..The appellee, having been employed for a number of years as brakesman and freight conductor by the appellant on its road from Bowling Oréen, Kentucky, to Nashville, Tennessee, was discharged in the month of April or May, 1890, for violating some of the rules of the company.
Early in the month of July following there was a pending strike among the trainmen of the company at Wilder’s Station, near Cincinnati, Ohio, when it became necessary for the company to procure men to take the place of the strikers, in order that it might he enabled to…
2Cases cited1 opinion
- Adams Express Co. v. HoeingCourt of Appeals of Kentucky · 1889
3Cited by43 opinions
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- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Hudson v. Cincinnati, New Orleans & Texas Pacific RailwayCourt of Appeals of Kentucky · 1913
- Sullivan v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1904
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