Cleveland v. Rice

Cochrane, P. J.:

The contract of employment contemplated that claimant should return to Cuba with the horse and cutter. This was for the benefit of both parties. It was the duty of claimant to his employer to return the horse and cutter and it was likewise his right to return with them. An exigency arose which had not been considered by either party. The circumstances of that exigency were such that claimant could not thereafter render any service to his employer. It would have been idle for him to attempt to overtake the horse which was trotting away from him and as it turned out the horse…