Ware Bros. v. Cortland Cart & Carriage Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cortland Cart and Carriage Company, from" a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Broome on the 1st day of March, 1911, upon the verdict of a. jury rendered by direction of the court, and also from an order-entered in said clerk’s office on the: 18th day of March, 1911,. denying the defendant’s motion for a new trial made upon the-minutes, with notice of an intention to bring…
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Appeal by the defendant, the Cortland Cart and Carriage Company, from" a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Broome on the 1st day of March, 1911, upon the verdict of a. jury rendered by direction of the court, and also from an order-entered in said clerk’s office on the: 18th day of March, 1911,. denying the defendant’s motion for a new trial made upon the-minutes, with notice of an intention to bring up for review an order entered on the same day denying the defendant’s-motion to strike the action from .the calendar.…
1Opinion of the Court
Kellogg, J.:
In order to recover full wages where the employer has breached his contract, the employee is bound to use reasonable diligence to procure other employment of the same kind, in order to relieve the employer as much as possible from loss consequent upon the breach, but he is not bound to look for or accept occupation of another kind. (Fuchs v. Koerner, 107 N. Y. 529; Milage v. Woodward, 186 id. 252.) In the Milage case the court said: “The fact that the boat was moored at a public place in the city of Rochester, where it would be natural for any one to go who desired to secure…
2Cases cited1 opinion
- Fuchs v. . KoernerNew York Court of Appeals · 1887