Chamberlin v. Morgan
Supreme Court of Pennsylvania
March 14th 1871. Before Thompson, C. J., Read, A&new and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Susquehanna county: No. 220, to January Term 1871. This was an action on the case brought, June 2d 1869, by Hattie Morgan, by her father and next friend James Morgan, against Dr. Abraham Chamberlin for malpractice by which her arm that had been dislocated had become stiffened.
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March 14th 1871. Before Thompson, C. J., Read, A&new and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the Court of Common Pleas of Susquehanna county: No. 220, to January Term 1871. This was an action on the case brought, June 2d 1869, by Hattie Morgan, by her father and next friend James Morgan, against Dr. Abraham Chamberlin for malpractice by which her arm that had been dislocated had become stiffened. The plaintiff was about sixteen years of age; the dislocation occurred on the 15th of September 1868. The defendant was called in two days afterwards, and treated the case. There was…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
It is certainly true that if a servant has been wrongfully dismissed before his term of service is out, and he sues to recover his entire wages during the period, the defendant can show in mitigation of damages that he might have procured employment in the interim: King v. Steiren, 8 Wright 69. It was the duty of the plaintiff in such case not to remain idle if he was able to work. Undoubtedly it is incumbent- in every case upon an injured party to do whatever he reasonably can to lessen the injury. But is there any similarity between…
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