Charles Schmidly and William Schwerin v. Perry Motor Freight, Inc.

This appeal is brought by Charles Schmidly and William Schwerin, former employees of the defendant Perry Motor Freight Company. The fundamental issue raised by the plaintiffs in the trial court was whether they had been wrongfully terminated from their employment with Perry under their written employment contract. The case was tried before a jury; the jury found in favor of the defendant and on September 15, 1983 the trial court entered a judgment on the verdict.

On appeal, plaintiffs raise, a singular issue; they claim that the trial court erred in placing the burden of proof on the…